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Whenever any permittee has completed any work under Class “B” permit, said permittee shall notify the City Engineer, or the City Engineer’s duly authorized representative, in writing. If the City Engineer has found, by survey or inspection, or both, that the work has been completed in accordance with the requirements of the permit issued therefor, and all the provisions of Sections 62.105 to 62.116, inclusive, the City Engineer shall issue upon request of the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under the permit.
(a) All Class “A” and “B” permits issued under the provisions of Sections 62.105 to 62.116, inclusive, shall expire and be cancelled six (6) months after the date of their issue, unless sooner requested by the permittee and unless actual construction of the work authorized by the permit has been commenced prior to the expiration of the six (6) month period; all Class “A” and “B” permits shall expire and be cancelled sixty (60) days after the date on which actual construction of the work was commenced, unless a longer construction period is specified in the permit, in which case such permit shall expire at the end of the longer construction period specified therein. The Board may extend the time for the starting or the completion of the work, upon good and sufficient cause being shown therefor by the permittee, and such extension shall not be deemed to release any surety or any bond posted pursuant to Section 62.111.
(b) In the event any permittee shall not construct a portion of the work authorized by a Class “A” permit, such permit, upon the application of the permittee, may be cancelled as to the omitted work only.
(c) The permits issued for any work in streets designated by the Board as important traffic arteries shall contain a completion date specified by the City Engineer in the permit and the permittee shall complete the work within the time specified in said permit. (Added by Ord. No. 111,083, Eff. 5/10/58.)
(Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.)
Upon expiration or cancellation of any Class “A” permit, the Bureau of Engineering shall refund to the permittee fees paid pursuant to the provisions of Subsection (b) and (c) of Section 62.109, after deduction of all charges applicable to work completed pursuant to the permit. In no event shall a permittee be entitled to a refund of the fee paid pursuant to the provisions of Subsection (a) of Section 62.109. To obtain a refund pursuant to the provisions of this Section, a permittee must submit a written claim pursuant to the provisions of City Charter Section 350.
No person to whom a permit has been granted under the provisions of Section 62.105 to 62.116, inclusive, shall perform any of the work mentioned in Section 62.105 in an amount or quantity greater than that specified in the permit, except that upon approval by the City Engineer, additional work may be done under the provisions of this permit in an amount not greater than ten per cent (10%) of the amount specified in the permit. Any bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section, within the limit mentioned herein.
No person performing any work under the provisions of Sections 62.105 to 62.116, inclusive, shall fail, neglect or refuse to remove all material and debris within three (3) days after the completion of the work. Where new work is covered with earth, the terms of the specifications of this City governing such work shall control.
(a) Sections 62.105 to 62.116, inclusive, shall not be construed to apply to the performance of any of the classes of work therein mentioned under contracts made by property owners and duly authorized by ordinance, or under contracts made by the Board in accordance with the provisions of the Charter of this City or the general laws of the State of California, providing for the improvement of streets in municipalities.
(b) Sections 62.105 to 62.116, inclusive, shall not be construed to apply to the construction, reconstruction, or re- pair of any curb or sidewalk by any department of this City or other governmental agency which elects to perform such work using its own departmental forces where in the opinion of the City Engineer surveys, plans or inspection are not required. This exception shall not apply to the performance of any such work by the contractor engaged to perform the same by any such department or governmental agency.
Any person who desires to have the Department of Public Works perform any special service or any grading, construct any pavement, or other surfacing, or curb, sidewalk, gutter or any other public works in any street, alley or other public way either by the letting of a contract therefor or by using labor employed by the City and materials purchased by the City, and who desires to pay to the City the cost or any portion of the cost of such work, may apply to the Board of Public Works therefor. The Board of Public Works is hereby empowered, at its discretion, to arrange for the performance of said work and to accept deposits of such amounts as shall be determined by the Board to be necessary to pay the costs of the said work or portion thereof, and the amount of incidental expenses incurred by the City, or portion thereof, in connection with the performance of said work. Said amounts shall be deposited with the City Treasurer to the credit of appropriate funds under the jurisdiction of the Board, for which a proper receipt shall be rendered to the depositor.
Upon the completion of the work, any unused portion of the money deposited shall be refunded to the depositor.
(Amended by Ord. No. 187,722, Eff. 1/19/23.)
(a) Revocable Permits. Where the City Engineer finds that a building, structure, or improvement maintained or proposed to be constructed within a public street will not interfere with the maintenance or use of the street, and is not intended for use by the public, the Bureau of Engineering (Bureau) may issue one or more permits for the maintenance or proposed construction of such building, structure, or improvement, or for an excavation in connection with such maintenance or construction. The Bureau shall charge and collect a fee to conduct an investigation to determine whether to issue a permit pursuant to the provisions of this section, and shall charge a fee of $556 if no field investigation is required (Tier 1 fee), and shall charge a fee of $1,854 if a field investigation is required (Tier 2 fee).
For Revocable Permit applications submitted under this subsection where the Bureau anticipates the staff time to process the permit application is three hours or less and for which no field investigation is required, the Bureau shall charge only the hourly Special Engineering Fee at the rate set forth in Section 61.14 of this Code in lieu of the Tier 1 fee. In such case, an applicant for a Revocable Permit must pay, before the Bureau provides any services, a deposit corresponding to the time the Bureau estimates will be needed to process the Revocable Permit application. If, before completion of the processing of the Revocable Permit application, the Bureau determines that additional time is needed to process the application, the Bureau may require the applicant to pay an additional deposit corresponding to the time the Bureau estimates will be needed to complete the processing of the application, up to a maximum of three hours total.
If an applicant paid the Special Engineering Fee and the Bureau determines that more than three hours of Bureau staff time is necessary to process and determine whether to issue the Revocable Permit, the Tier 1 fee shall apply, and the Bureau shall charge and collect from the applicant the Tier 1 fee, including a credit for any Special Engineering Fees already paid.
If an applicant paid a Tier 1 fee and the Bureau of Engineering determines that it will be required to conduct a field investigation, the Bureau shall charge and collect from the applicant a fee of $1,298, in addition to the $556 already paid. If the Bureau is required to prepare a report of its investigation for consideration by the Board, the applicant shall not owe a Tier 1 or Tier 2 fee, and instead the Bureau shall charge and collect its actual costs (Tier 3 fee) and a deposit of such costs as determined and collected pursuant to the provisions of Section 61.15 of this Code.
(b) Revocable Permits – Roadway Dining Areas. In addition to the fees required in Subsection (a), an application for a Revocable Permit for the purpose of establishing a Roadway Dining Area shall be subject to the following Department of Transportation fees.
(1) Application Review Fee – Existing Roadway Dining Area. An applicant requesting a Revocable Permit for a Roadway Dining Area who already received a temporary use authorization for Roadway dining under the L.A. Al Fresco Program during the 2020-2022 COVID-19 pandemic and “Safer at Home” declarations shall be charged a Department of Transportation Application Review Fee of $1,200.
(2) Application Review Fee – New Roadway Dining Area. An applicant requesting a Revocable Permit for a Roadway Dining Area who did not receive a temporary use authorization for Roadway dining under the L.A. Al Fresco Program during the 2020-2022 COVID-19 pandemic and “Safer at Home” declarations shall be charged a Department of Transportation Application Review Fee of $1,500.
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