(a) Payment. Except as otherwise provided in this Division, the Commissioner shall not issue any permit until all deposits and issuance fees have been paid.
(b) Issuance Fees Not Refundable. The issuance fees required by the provisions of this Division are for the purpose of defraying the cost of issuing the requested permit. No part of any issuance fee may be refunded to any applicant.
(c) Deposit in Funds. Issuance fees and charges for repairs, inspection, or engineering collected under the provisions of this Division shall be deposited in the respective funds from which the corresponding disbursements are made.
(d) Waiver of Issuance Fees. At the request of permittee who maintains with the Commissioner a general deposit as provided in Chapter 2 or Chapter 4 of this Division, the Commissioner may waive the requirements covering prepayment of the issuance fees and bill said permittee for issuance fees covering permits issued subsequent to such request, provided that the amount of said deposit is sufficient to cover said fees and to provide for the other contingencies for which it is given. The Commissioner may revoke such waiver at any time and must revoke the waiver if the permittee fails to pay his bill for fees within the required time.
(e) General Deposit. In lieu of making any special deposit required by this Division, the applicant may make and maintain with the Commissioner a general deposit in an amount estimated by the Commissioner to be sufficient to pay for the cost of permit issuance fees and expected repairs or costs occasioned by the future acts of the applicant for which a permit has been issued. The general deposit shall be held and used for the same purposes as any special deposit prescribed by this Division would have been used.
(f) Undertaking in Lieu of General or Special Deposits. In lieu of making either a general or special deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the Commissioner in a penal sum of not less than $1,000.00. Said undertaking to be in compliance with Code of Civil Procedure §§ 995.120, 995.260, 995.310, 995.350, 995.529, 995.610, 995.630, 995.660, 996.010 and Penal Code § 1276.
(1) Alternative. In lieu of filing an undertaking under the terms set forth in this Section and Subdivision, an applicant under Chapter 4 herein may post with the Commissioner forms approved by the County Counsel consisting of:
(A) An endorsement to any policy of insurance naming the applicant, the County of San Bernardino, State of California, as named insured, and insuring the same against at least the same contingencies against which the said bonds would be security, and in an amount not less than $10,000.00; and
(B) A certificate by which the insurer certifies that a policy exists covering the said objects.
(g) Waiver of Special Deposit. While a general deposit is maintained, or while an undertaking is filed, either or both of which are of an amount sufficient to cover the amount of any special deposit required by this Division, the applicant need not make any special deposit.
(h) Extra Deposits and Bonds. If, in the opinion of the Commissioner, any special or general deposit, or any undertaking or any combination thereof is not sufficient for the proper protection of the public interest in the highways including any trees thereon, the Commissioner may require either an additional deposit, or an increase in the amount of the bond in such amount as he or she determines will be sufficient to protect such public interest.
(i) Insufficient Deposits. Where any deposit is determined to be insufficient to pay all fees and costs provided for in this Division, the permittee shall, upon demand, pay to the Commissioner an amount equal to the deficiency.
Where the permittee fails or refuses to pay the deficiency upon demand, the Commissioner may recover said deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no permit shall be issued to such permittee.
(Ord. 815, passed - -1957; Am. Ord. 922, passed - -1960)