Chapter 16.20


16.20.010    Permit required – Failure to obtain.

16.20.020    Sidewalks for new construction – Permit.

16.20.030    Conditions under which permit will not be issued.

16.20.040    Permit application – Contents of permit.

16.20.050    Permit charges.

16.20.060    Record of permits.

16.20.070    Notification – Chiefs of fire and police departments.

16.20.080    Interference with other services.

16.20.090    Supervision – Department of public works.

16.20.100    Barricades – Lights.

16.20.110    Construction by contractor.

16.20.130    Preservation of monuments.

16.20.140    Property lines and easements.

16.20.150    Miscellaneous obstructions.

16.20.010 Permit required – Failure to obtain.

(1) It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine, obstruct, construct or disturb any public street, alley, sidewalk, highway, thoroughfare, other public place or public easement, or fill in, place, leave or deposit in or upon any such public street, alley, sidewalk, highway, thoroughfare, other public place or public easement any article, material or thing whatsoever tending to obstruct, or disturb, without first having obtained a construction permit therefor. In the event it is necessary to dig, excavate, tunnel, undermine or in any manner enter the street right-of-way in making a sewer hookup, a construction permit will be required under this chapter, and such work can only be done by a bonded contractor.

(2) Failure to obtain a construction permit prior to commencing work shall be deemed a violation of this chapter, and shall be cause for the DPW to issue a stop-work order until an application for the permit has been received and a permit issued. A 50 percent penalty may be added to the cost of such late permit. [Ord. 649 Ch. V, § 1, 1967.]

16.20.020 Sidewalks for new construction – Permit.

(1) Whenever a building permit is applied for, with a value in excess of $10,000, within the city, the person seeking such permit shall also make application for a permit, as provided for under this chapter, for the construction of sidewalks, and as a portion of such construction, there shall be built concrete sidewalks and curbs and gutters on all sides of such property that may adjoin any street, in conformance herewith, and such sidewalks and curbs and gutters shall extend the full distance that such property is sought to be occupied as a building site or parking area for residential or commercial construction and may adjoin property dedicated as a public street. It is contemplated that the sidewalks, curbs and gutters will be constructed as a part of the basic improvement, but if not so constructed, work must be completed within 30 days after written notice by the department of public works (DPW).

(2) Construction standards shall be as follows:

(a) Sidewalks shall have 95 percent compaction with a minimum of two inches of gravel base;

(b) Sidewalks shall have a minimum of three-and-one-half-inch depth of concrete;

(c) Curb cuts and approaches in industrial zones should have a six-inch depth of concrete with No. 5 rebar on two-foot centers;

(d) Sidewalks on a corner shall include an approved sidewalk ramp. [Ord. 1361 § 1, 2003; Ord. 1052 § 1, 1988; Ord. 927 § 1, 1982; Ord. 830 § 1, 1978; Ord. 649 Ch. V, § 2, 1967.]

16.20.030 Conditions under which permit will not be issued.

(1) No permit shall be issued for any such work upon any street, alley, sidewalk or other public thoroughfare within the city when the grade has not been properly established, or after the city council has adopted a resolution to improve the street or alley in question by the formation of a local improvement district and no permit shall be issued if, in the judgment of the DPW, the improvement proposed to be made is not a suitable one or will not be uniform with and conform to existing or proposed improvements of streets or alleys in the immediate vicinity of said proposed improvement.

(2) No permit shall be issued for work within the street right-of-way lines or public utility easements to anyone who is not a licensed contractor and bonded to the city.

(3) No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. [Ord. 649 Ch. V, § 3, 1967.]

16.20.040 Permit application – Contents of permit.

The DPW shall grant such permits only upon compliance with the following terms and conditions: the party requesting said permit shall make application therefor in writing and, if requested to do so, will file with the DPW drawings showing the location and plan of the excavation, cutting or other thing desired to be done, and the street, alley or easement to be so used, together with the full description of the nature of such work. The DPW shall thereupon examine such application and drawings, and if the same are approved and bond filed as hereinafter provided, shall issue a permit therefor. Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work or act to be done under such permit and the length of time allowed for the completion thereof, and shall require the replacement to its former condition or better, of whatever portion of the street, alley, pavement or improvement which may be disturbed or affected in any way. [Ord. 649 Ch. V, § 4, 1967.]

16.20.050 Permit charges.

The permit fee and inspection fee for all public improvements shall be paid in advance to the city clerk at the time the application for the permit is submitted. Permit fees shall be as set in Chapter 15.40 CMC unless otherwise listed in this chapter.

(1) Sidewalks and Integral Curbs and Gutters and Driveways. The permit shall be obtained at the same time as the building permit for a new structure. The owner must hire a licensed surveyor to survey, stake and check grades if this is determined necessary by the city building inspector in order to maintain the correct street width and grade.

(2) Roadway Construction or Reconstruction. Construction staking and inspection (measured along the centerline) shall be performed by a licensed surveyor who shall be responsible to the city, paid for by the owner of the adjoining property. The permit fee shall be $250.00. A licensed surveyor shall check grades at owner’s expense. When curbs and/or sidewalks are constructed in conjunction with street projects, a separate permit for curb and/or sidewalk will not be required.

(3) Sanitary Sewer and Storm Drain Construction. Permit shall be required for construction or replacement of sanitary sewer and storm drains. All fills will be filled and compacted in accordance with CMC 13.12.050. Street cuts shall be repaved at owner’s expense to equal or better than original condition. [Ord. 1361 § 1, 2003; Ord. 762 § 1, 1976; Ord. 745 § 1, 1975; Ord. 649 Ch. V, § 5, 1967.]

16.20.060 Record of permits.

It shall be the duty of the DPW or his designated assistant to keep a record of all permits issued for construction under the provisions of this chapter, which records shall show the date of issue thereof, to whom issued, a description of the property in front of which the improvement is to be made, the nature of the improvement, and an estimate of the quantity of work and the cost thereof, fees collected, and when accepted by the DPW or his designated assistant the date of such acceptance. [Ord. 649 Ch. V, § 6, 1967.]

16.20.070 Notification – Chiefs of fire and police departments.

Before performing any construction, alteration, or repair of any street, alley, highway, or public thoroughfare in the city, notice thereof must be given to the chiefs of the fire and police departments by the permittee. Notification shall also be given upon completion of the act or acts allowed under such permit when the affected areas are returned to original condition. Failure to do so will constitute a violation of this chapter. [Ord. 649 Ch. V, § 7, 1967.]

16.20.080 Interference with other services.

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants, and the U.S. Postal Service. Material or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes shall be kept free of material piles or other obstructions. Access shall be maintained at all times for all types of emergency vehicles and equipment. [Ord. 649 Ch. V, § 8, 1967.]

16.20.090 Supervision – Department of public works.

The acts and work permitted under such permit and the restoration to its former condition of said street, alley, pavement or improvements shall at all times be under the supervision and control of the DPW but at the expense of the party procuring such permit. The fact that the DPW or an inspector was present during the progress of any work shall not relieve the permittee from responsibility for performing the work in accordance to the standard specifications nor relieve him of responsibility for any defects discovered after completion of the work. If the party shall fail to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such permit, the DPW may, if he deems it advisable, have the right to do all work and things necessary to return such street, alley, pavement, or improvement or place to its original and proper condition; and the said party obtaining such permit shall be liable therefor and the city shall have cause of action for all fees, expenses and amounts paid out upon such work and may file a lien for costs incurred against the real property involved and, after a lapse of six months from the date of filing thereof, may enforce the same as any other lien. [Ord. 649 Ch. V, § 9, 1967.]

16.20.100 Barricades – Lights.

In case any public street, alley, sidewalk, highway or public place shall be dug up, excavated, undermined, disturbed or obstructed or any obstruction placed thereon, the persons, firm or corporation causing the same shall erect and, so long as the conditions exist and any danger may continue, maintain around that portion of the street, sidewalk or other public place a good and substantial barrier, and shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares including any requested by the DPW. In the event the permittee is not immediately available, the DPW may install, at the permittee’s expense, additional barricades, lights and/or safety devices to protect the public. [Ord. 649 Ch. V, § 10, 1967.]

16.20.110 Construction by contractor.

All construction of street improvements, sewers, drains, sidewalks, service walks, curbs and gutters by private contractor shall conform to the city standards and the applicable sections of the standard specifications and shall be constructed under the immediate supervision of the DPW or his designated assistant. In the event a contractor does any work whatsoever on a public right-of-way, it shall be his final responsibility to see that a proper permit has been secured therefor from the city prior to commencing such work. [Ord. 649 Ch. V, § 11, 1967.]

16.20.130 Preservation of monuments.

The permittee shall not disturb any survey monuments or hubs found within the boundaries of the improvements unless authorized to do so by the DPW. In the event that such monuments or hubs are to be removed because of the improvement, they must be replaced under the supervision of the DPW at the permittee’s or his agent’s expense. [Ord. 649 Ch. V, § 13, 1967.]

16.20.140 Property lines and easements.

It shall be the permittee’s responsibility to confine his construction activities within the street rights-of-way lines and limits of easements described on permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. [Ord. 649 Ch. V, § 14, 1967.]

16.20.150 Miscellaneous obstructions.

(1) No fence, structure or other obstruction shall be placed within the limits of any street, alley, lane or public road whereby public travel may be impeded or inconvenienced except for safety devices, which must have flares or warning lights. (See CMC 16.20.100.)

(2) It shall be unlawful to dump, pile, deposit, or otherwise leave any accumulation of garbage, cans, leaves, grass clippings, or prunings, and other debris on the traveled portion of any public street, public utility easement, sidewalk, alley or highway within the city. Burning of any such debris on improved roadway or sidewalk surfaces is expressly prohibited. [Ord. 649 Ch. V, § 15, 1967.]