Chapter 12.12


12.12.010    Permit—Required.

12.12.020    Permit—Application—Fees—Deposit—Issuance.

12.12.030    Debris removal—Deposit—Refund.

12.12.040    Additional fees.

12.12.050    Special permission required for certain construction materials—Procedure.

12.12.060    Refusal of future permits.

12.12.070    Penalty for violations.

*For provisions requiring the installation of curbs, gutters and sidewalks on construction of buildings in certain zones, see Chapter 15.26 of this code.

12.12.010 Permit—Required.

It is unlawful for any person, firm, or corporation to construct or cause to be constructed in the city any sidewalk, curb or gutter without first obtaining a permit from the city engineer in writing to do so, unless the construction of the sidewalk, curb or gutter shall have been ordered by the council. (Ord. 153 § 1, 1958: Ord. 104 § 1, 1950).

12.12.020 Permit—Application—Fees—Deposit—Issuance.

A.    Application for a permit shall be made in writing filed with the city clerk and shall specify the location of the work and the lineal footage of sidewalk, curb or gutter to be installed; provided, however, that in no case shall an application be received or a permit be granted to construct sidewalks, curbs or gutters where the council has passed resolution of intention to construct such sidewalks, curbs or gutters. The applicant shall pay to the city clerk a fee as follows:

1.    When the lineal footage of sidewalk, curb or gutters to be installed does not exceed seventy-five feet, the fee shall be twenty-five dollars, which fee shall cover any one or more of the sidewalks, curbs or gutters to be installed under one permit;

2.    When the lineal footage to be installed under such permit exceeds seventy-five feet, the clerk shall collect a fee estimated by him to be sufficient to cover the cost of the engineering services hereinafter referred to, the services of the city engineer and his assistants being figured at the then prevailing rates charged by licensed engineers for similar services.

B.    The applicant shall also at the time make a further deposit of ten dollars to ensure the removal of debris as hereinafter set forth in Section 12.12.030; provided that if because of the amount of footage involved such sum is not, in the opinion of the city clerk sufficient to cover the cost of such removal, he shall collect such additional sum as in his opinion will be sufficient for such purpose.

C.    Upon receipt of such application, fee and deposit, the clerk shall deliver such application or a copy thereof to the city engineer, who shall set stakes establishing the alignment and grade of the work to be done. It is unlawful to have the alignment or grade established or stakes set therefor by anyone other than the city engineer, or his deputies or assistants duly authorized by him. The engineer shall thereupon issue a permit for the work and shall describe thereon the quality of material to be used and the manner in which the sidewalks, curbs or gutters shall be laid. A copy of the permit shall be delivered to the applicant, and a copy to the city building inspector who shall supervise and inspect the work and the materials used. Inspection shall be made when the forms are ready for pouring the concrete and when the work is complete, and at other times during the progress of the work that the inspector shall deem proper. At the time of issuing the permit the city engineer shall also deliver to the city clerk an itemized statement of the costs and expenses of the engineering work done pursuant to such application, with the charges for services figured as above set forth, whenever an estimated fee for footage exceeding seventy-five feet has been collected. (Ord. 165 § 1, 1959: Ord. 153 § 2, 1958: Ord. 104 § 2, 1950).

12.12.030 Debris removal—Deposit—Refund.

The deposit to ensure removal of debris shall be retained by the city clerk until the completion of the sidewalk, curb or gutter in the permit described and until the debris caused by the construction is removed. The debris shall be removed within five days’ notice from the building inspector and if not so removed the building inspector is authorized to have same done at the expense of the applicant and the deposit of ten dollars, or such greater sum that has been required by the clerk, applied in payment therefor. When the sidewalk, curb or gutter is fully constructed and debris removed by the applicant to the satisfaction of the building inspector, then the deposit shall be refunded to the depositor upon the surrender and cancellation of the permit.

In cases where the footage exceeds seventy-five feet the clerk shall also determine whether the amount collected by him as estimated cost of engineer is greater or less than the actual cost as certified by the city engineer. If such cost was less than the amount collected he shall return the difference to the applicant, while if the cost exceeded the amount collected, the applicant shall pay the difference to the clerk. (Ord. 165 § 2, 1959: Ord. 153 § 3, 1958: Ord. 104 (part), 1950).

12.12.040 Additional fees.

If the sidewalk, curb or gutter is being installed in connection with other building on applicant’s premises for which a building permit has been issued, the cost of the sidewalk, curb or gutter shall be included in the total cost of the building for the purpose of establishing the fee to be paid the building inspector as fixed by the ordinances of the city applicable thereto. If, however, no other work is being done for which a building permit has been issued, the applicant shall pay to the city clerk, in addition to the deposit to ensure removal of refuse and the fee for issuing the permit, an inspection fee of five dollars for the lineal footage up to seventy-five feet and an additional inspection fee of two dollars and fifty cents for each additional one hundred feet or fraction thereof of lineal footage covered by said permit. Such inspection fees shall be disposed of in like manner as other fees for building inspections. (Ord. 165 § 3, 1959: Ord. 153 § 4, 1958: Ord. 104 (part), 1950).

12.12.050 Special permission required for certain construction materials—Procedure.

No such permit shall be granted to lay or construct sidewalks, curbs or gutters, other than of cement or artificial stone, unless special permission therefor in writing shall be first obtained from the council of the city by the owner of the property in front of which the walk is to be laid. (Ord. 153 § 5, 1958: Ord. 104 § 3, 1950).

12.12.060 Refusal of future permits.

The failure of any person, firm or corporation engaged in laying sidewalks, curbs or gutters within the city to obey the lawful orders of the city engineer or building inspector relative to the laying of curbs, gutters or sidewalks shall be deemed sufficient cause by the city engineer or the city council to refuse the request of the person, firm or corporation for further permits for work of such character. (Ord. 153 § 6, 1958: Ord. 104 § 5, 1950).

12.12.070 Penalty for violations.

Any violation of this chapter is a misdemeanor, punishable by a fine not exceeding the sum of fifty dollars, or by imprisonment not exceeding thirty days or by both such fine and imprisonment. (Ord. 153 § 7, 1958: Ord. 104 § 6, 1950).