Chapter 16.62
PERMITS – APPLICATIONS

Sections:

16.62.010    Issuance of permits – Liability.

16.62.020    Application for permit.

16.62.030    Filing fee and deposit.

16.62.040    Other permits may be required.

16.62.050    Revocation of permit.

16.62.060    Modification of watercourse permit by City Council.

16.62.010 Issuance of permits – Liability.

Permits required by this division shall be issued by the Director subject to such conditions as may be imposed pursuant to this division or as may be required by law. In case of conflict between the regulations imposed by this division and any other provision of law or of this code, the more stringent regulation shall apply and only the requirements of the more stringent regulation will govern. Neither the issuance of a permit, nor compliance with the conditions thereof or with the provisions of this division, shall relieve any person from any responsibility otherwise imposed by law for damage to person or property. (Ord. 29 § 1, 1981; CC § 88.201)

16.62.020 Application for permit.

A. A separate application for a permit shall be made for each act listed in Chapter 16.60 PMC; except that only one application need be made for two or more such acts which are done on the same or contiguous parcels or lots and which are part of a unified plan of development or improvement. Plans and specifications and estimated value of work shall be submitted with each such application, unless waived by the Director for small and unimportant work. Such plans and specifications shall be prepared or approved, and signed, by a Civil Engineer unless:

1. Waived by the Director; or

2. The plans are prepared and/or approved by an agency of the Federal or State government.

B. The plans shall show the following:

1. Everything listed as required in the City grading ordinance set out in Chapters 16.40 through 16.52 PMC;

2. Such other information or data as may be required by the Director, including, but not limited to, a soil investigation report prepared in the manner required by Chapters 16.40 through 16.52 PMC. (Ord. 85 § 1(e), 1983; Ord. 29 § 1, 1981; CC § 88.202)

16.62.030 Filing fee and deposit.

Before a permit is issued an applicant shall pay the Director the fee and deposit established by this section unless the plans have been prepared and/or approved by an agency of the Federal, State, County or City government, in which case the fee and deposit are waived if installation is supervised by an agency of the Federal, State, County or City government.

A. Filing Fee. A filing fee in the amount that shall be established by City Council resolution from time to time shall be paid at the time application is made for a permit.

B. Deposit. A deposit shall be made in addition to the filing fee to cover plan checking, environmental review, processing of easement documents, administration, and inspection of the work. This deposit is to cover the actual cost incurred by the City as estimated by the Director of Public Services. If the actual cost of checking, review, processing, administration and inspection is less than the deposit, the unused balance of the deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys. If any deposit is insufficient to pay all the actual costs of checking review, processing, administration and inspection, the permittee, upon demand of the Director of Public Services, shall pay to him an amount deemed sufficient by him to complete the work in process. If the permittee fails or refuses to pay such amount upon demand, the Director may refuse issuance of a watercourse permit until the amount is paid in full, or, if a permit is already issued, the work shall be considered incomplete and the permit revoked in accordance with the procedures set forth in PMC 16.62.050. (Ord. 683 § 67, 2008; Ord. 29 § 1, 1981; CC § 88.203)

16.62.040 Other permits may be required.

A permit issued pursuant to this division does not relieve the permittee of the responsibility for securing the required permits for work to be done which is regulated by any other provision of this code, any City ordinance or County or Federal or State law. (Ord. 29 § 1, 1981; CC § 88.204)

16.62.050 Revocation of permit.

A. The Council shall have the power to revoke any permit granted under the provisions of this chapter if said Council determines that said permit was obtained by fraud, or that one or more of the conditions upon which said permit was granted have been violated, or that the permittee fails or refuses to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices; or that the permittee fails or refuses to perform any of the work required or fails or refuses to conform with any of the standards established by a special use permit. A request that said Council revoke said watercourse permit may be made by any City officer; the request for revocation shall be in writing, and shall set forth the grounds upon which revocation is sought.

B. If a permit is revoked no further work shall be done upon that site except the correction of hazards, and the completion of any work required by the permittee’s agreement. Every agreement and every security required by this division shall remain in full force and effect notwithstanding any such revocation.

C. Any hearing held pursuant to this chapter shall be a public hearing. Request for revocation shall be directed to the City Clerk, who shall fix a time and place for the hearing to be published once in a newspaper of general circulation published in the City. Said Clerk shall also notify the permittee of the time and place set for said hearing. Any interested person may appear at said hearing and present evidence. At the conclusion of a hearing on a request for revocation said Council may deny the request for revocation, grant the request for revocation, or modify existing conditions of or add new conditions to said permit. The decision of the Council shall be final. (Ord. 29 § 1, 1981; CC § 88.205)

16.62.060 Modification of watercourse permit by City Council.

A. The Council shall have the power to modify any permit granted under the provisions of this chapter if the Council determines that the modification is in the interest of the public health, safety or welfare. A request that the Council modify a watercourse permit may be made by any City officer. The request for modification shall be in writing, and shall set forth the grounds upon which modification is sought.

B. If the permit is modified by the Council all further work done upon that site shall be consistent with the modified permit. Every agreement shall remain in full force and effect notwithstanding any such modification.

C. Any hearing held pursuant to this chapter shall be a public hearing. Request for modification shall be directed to the City Clerk, who shall fix a time and place for the hearing to be published once in a newspaper of general circulation published in the City. Said Clerk shall also notify the permittee of the time and place set for said hearing. Any interested person may appear at said hearing and present evidence. At the conclusion of a hearing on a request for modification said Council may deny the request for modification or grant the request for modification by modifying existing conditions or adding new conditions to said permit. The decision of the Council shall be final. (Ord. 29 § 1, 1981; CC § 88.205)