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PUBLIC WORKS CONSTRUCTION CODE
2024
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- Chapter 1: General Provisions
Section 1.1 Purpose and Intent
The purpose of this Public Works Construction Code is to regulate the construction, repair, and maintenance of public works projects within the City of Los Santos, ensuring that all such activities:
- Protect public health, safety, and welfare.
- Promote sustainability and environmental stewardship.
- Maintain consistency with the City’s long-term planning objectives.
- Encourage the use of durable materials and construction practices.
- Ensure accessibility for all residents and visitors.
- Public Works Project: Any infrastructure-related construction, repair, or maintenance activity carried out on behalf of the City, including but not limited to roads, bridges, public utilities, sidewalks, parks, and municipal buildings.
- Contractor: Any individual, company, or entity performing construction activities under contract with the City.
- Right-of-Way (ROW): Land reserved for public use, typically for streets, utilities, or pedestrian pathways.
- Permittee: A person or entity who has obtained the necessary permits for construction or maintenance activities within the City.
- Inspector: An authorized representative of the City; Engineer entrusted with making detailed inspections of the work or materials.
This Code applies to all public works construction activities conducted within the city limits of Los Santos, including:
- New construction, rehabilitation, and renovation projects.
- Maintenance and repair of city-owned infrastructure.
- Projects involving public utilities and services.
- Private development projects impacting public infrastructure.
- Chapter 2: Permits and Approvals
Section 2.1 Permits Required
No public works construction project may begin without first obtaining all necessary permits from the City’s Public Works Department. Permits are required for, but not limited to:
- Road construction and repair.
- Utility installation and repair.
- Sidewalk construction or alteration.
- Street closures and traffic disruptions.
- Excavation within public rights-of-way.
Submission: Permit applications must be submitted to the Public Works Department. Applications should include:
- Detailed project description and scope of work.
- Project timeline, including start and end dates.
- Site plans, engineering drawings, and construction documents.
- Traffic management plan, if applicable.
- Environmental impact assessments, if required.
- List of contractors and subcontractors.
The City’s Public Works Department, along with the Code Enforcement Bureau will review the application for completeness and compliance with city codes and standards.
Depending on the scope and impact of the project, external agencies may conduct additional reviews.
The review process will typically take 2-4 days, with expedited options available for emergency work.
Permit Issuance:
Upon approval, a construction permit will be issued, outlining the scope of work, conditions, and required inspections. Work must begin within 7 days of permit issuance, or the permit may expire.
Section 2.3 Emergency Work
In cases of emergency, such as public safety hazards or infrastructure failure, immediate construction may begin without prior permit issuance. The Public Works Department must be notified within 24 hours, and a retroactive permit application must be submitted within one (1) day.
- Chapter 3: Standards for Public Works Construction
Section 3.1 Construction Materials and Specifications
Material Standards: All materials used in public works construction must meet the specifications set forth by the City of Los Santos, as outlined in the Standard Specifications for Public Works Construction (Greenbook), as well as any additional city-specific requirements.
Concrete and asphalt mixtures must meet city-approved strength and durability standards.
The use of recycled or sustainable materials is encouraged and may be required for certain projects.
Approved Methods: Construction practices must follow industry standards, in addition to city guidelines.
Environmental Considerations:
Construction projects must implement best management practices (BMPs) for stormwater pollution prevention, erosion control, and dust mitigation.
Projects exceeding a certain size or in environmentally sensitive areas may require environmental review by the Code Enforcement Bureau.
Section 3.2 Traffic Management
Traffic Control Plan: For any project that affects public streets or sidewalks, a Traffic Control Plan (TCP) must be submitted to and approved by the Code Enforcement Bureau. The TCP must detail how traffic flow, pedestrian safety, and emergency vehicle access will be maintained during construction.
Street Closures: Partial or full street closures may only be authorized if necessary for public safety or the efficient completion of the project. All closures must be announced to the public at least five (5) business days in advance, with detours clearly marked.
- Chapter 4: Inspections and Compliance
Section 4.1 Required Inspections- Pre-Construction Inspection: Before any work begins, a City Inspector will conduct a pre-construction site visit to verify site conditions and ensure compliance with permit conditions.
- Progress Inspections: Periodic inspections will be conducted throughout the project to ensure ongoing compliance with the approved plans and specifications. Inspections will focus on:
- Quality of materials and workmanship.
- Adherence to safety protocols.
- Environmental compliance.
- Traffic management and pedestrian safety.
- Final Inspection and Acceptance: Once the project is complete, the City Inspector, along with a Code Enforcement Officer, will conduct a final inspection to confirm that all work complies with city standards. The project will only be deemed complete once it passes this inspection.
- Stop Work Orders: The City reserves the right to issue a Stop Work Order if construction is found to be in violation of the Code, permit conditions, or poses a risk to public safety. Work may only resume once the violations have been rectified.
- Penalties: Violations of this Code may result in fines up to $5,000 per day for each day the violation persists, depending on the severity of the infraction.
- Remedial Actions: The City may require contractors to undertake remedial actions, including rework, demolition, or repairs, to bring the project into compliance.
- Chapter 5: Contractor Responsibilities and Liabilities
Section 5.1 Contractor Licensing and Qualifications- Licensing: All contractors performing work on public works projects within the City must hold a valid contractor's license issued by the City of Los Santos and be in good standing.
- Insurance and Bonding: Contractors must provide proof of liability insurance and performance bonds to cover the full cost of the project, including potential damages and delays.
Worksite Safety: Contractors are responsible for maintaining a safe worksite and complying with all applicable local, state, and federal safety regulations, including those enforced by the Occupational Safety and Health Administration (OSHA).
Site Maintenance and Clean-Up: Contractors must maintain the worksite in a clean and orderly manner and remove all debris, equipment, and materials upon completion of the project.
Responsibility for Damages: Contractors are liable for any damages caused to public or private property as a result of construction activities and must repair such damage at their own expense.
- Chapter 6: Dispute Resolution and Appeals
Section 6.1 Dispute Resolution
Any disputes arising between contractors, the City, or third parties regarding the interpretation of this Code or permit conditions shall first be submitted for informal mediation through the City’s Public Works Department.
Section 6.2 Appeals Process
If a resolution cannot be reached, the contractor or permittee may file a formal appeal with the City Manager's Office within ten (10) days of the disputed decision. The City Manager's decision on the matter shall be final.
- Chapter 7: Miscellaneous Provisions
Section 7.1 Severability
If any section, subsection, clause, or phrase of this Code is found to be invalid or unconstitutional, such a finding shall not affect the validity of the remaining provisions.
Section 7.2 Effective Date
This Public Works Construction Code shall take effect immediately following its adoption by the City Council.
- Chapter 8: Penalties and Enforcement
Section 8.1 General Penalties for Non-Compliance
Any person or entity found to be in violation of the provisions of this Public Works Construction Code, permit conditions, or any applicable regulations shall be subject to the following penalties:
Fines:
- Minor Violations: A fine of up to $500 per violation, per day. Minor violations include, but are not limited to:
- Failure to maintain proper site cleanliness.
- Minor traffic management violations.
- Failure to display proper permits on-site.
- Major Violations: A fine of up to $5,000 per violation, per day. Major violations include, but are not limited to:
- Construction without an approved permit.
- Work that creates a significant public safety hazard (e.g., unprotected excavations).
- Damage to public infrastructure, including roads, utilities, or sidewalks.
- Environmental violations such as improper stormwater management, pollution, or hazardous material handling.
The City of Los Santos may issue a Stop Work Order for any project in violation of this Code or permit conditions, especially when public safety is at risk. Work must immediately cease and may only resume when:
- The violation is corrected.
- The City’s Public Works Department or other relevant authorities have inspected and approved corrective actions.
- Applicable fines or penalties are paid.
The City may issue a Remediation Order requiring the contractor or permittee to take corrective actions to restore or repair damage caused by the violation, including but not limited to:
- Replacing damaged public infrastructure.
- Restoring environmental damage or mitigating environmental impacts.
- Removing non-compliant construction work or installations.
Erosion Control and Stormwater Management:- Failure to implement or maintain adequate erosion control measures or stormwater management systems as required by the City will result in fines of up to $1,000 per day, in addition to any costs incurred by the City to address the violation.
- Any violation involving the improper storage, handling, or disposal of hazardous materials will incur a fine of up to $10,000 per day, with potential civil and criminal liabilities depending on the severity of the infraction.
Responsibility for Third-Party Actions:
- Contractors and permittees are fully responsible for the actions of their subcontractors, employees, and any third parties working under their supervision. Violations committed by any of these parties will be attributed to the primary contractor or permittee, who will bear the financial and legal consequences.
- If public or private property is damaged as a result of construction activities, the contractor or permittee is responsible for the full cost of repairs, in addition to any applicable fines.
Continuing Work in Violation of a Stop Work Order:
If work continues after a Stop Work Order has been issued, the contractor or permittee will be subject to:- A fine of up to $10,000 per day for every day the work continues.
- Revocation of the construction permit.
- Suspension or disqualification from future city contracts for a period of up to five (3) months.
Permit Revocation:- In cases of repeated or severe violations, the City reserves the right to revoke the construction permit. The contractor or permittee will be required to halt all work and, if applicable, remove any non-compliant construction or installations.
- A temporary suspension of a construction permit may be issued for non-compliance, allowing the contractor or permittee to correct violations within a specified period. Failure to comply with a suspension order may result in permit revocation.
Right to Appeal:- Any contractor or permittee penalized under this Code has the right to file an appeal with the City Manager within ten (10) business days of receiving notice of the penalty.
- The City Manager, or an appointed hearing officer, will review the case and may uphold, modify, or overturn the penalties based on the facts presented. The City Manager’s decision shall be final.
- Minor Violations: A fine of up to $500 per violation, per day. Minor violations include, but are not limited to:
- Chapter 9: Public Works Constructions Offenses
901. Unauthorized Construction Without Permit- Engaging in construction activities without an approved permit from the City of Los Santos is liable for a civil penalty of no less than $10,000 and no more than $15,000 per violation. The site will be issued a Stop Work Order until all necessary permits are acquired.
- A business or contractor that fails to comply with the specific conditions outlined in their construction permit is liable for a civil penalty of no less than $2,500 and no more than $5,000, depending on the severity of the infraction. Continued non-compliance may result in the suspension or revocation of the permit.
- Any construction activity that causes damage to public infrastructure (roads, sidewalks, utilities, etc.) is subject to a civil penalty of no less than $2,000 and no more than $4,000, depending on the extent of the damage. The responsible party must cover all costs for repairs.
- Unauthorized excavation or grading activities are liable for a civil penalty of no less than $3,000 and no more than $5,000. A Stop Work Order will be issued until the necessary permits are obtained, and corrective measures are implemented.
- Construction sites that fail to maintain cleanliness, including improper waste disposal or debris management, are liable for a civil penalty of no less than $1,000 and no more than $3,000 per day of non-compliance.
- A contractor that fails to adhere to approved traffic management plans, including causing hazardous conditions or failing to install proper signage, is liable for a civil penalty of no less than $2,500 and no more than $5,000 per violation. Corrective actions must be implemented immediately.
- Failure to implement adequate environmental protection measures (e.g., erosion control, stormwater management) within a construction zone is liable for a civil penalty of no less than $7,500 and no more than $25,000. Restoration or mitigation of environmental damage may be required at the contractor’s expense.
- Continuing construction activities after a Stop Work Order has been issued will result in a civil penalty of $8,000 per day. The site will be shut down until full compliance with city regulations is achieved. An site manager who is found guilty of this offense may also be punished under Offence 610. Obstruction of Justice.
- A business or contractor that maintains unsafe working conditions on a construction site, jeopardizing worker safety or public health, is liable for a civil penalty of no less than $1,500 and no more than $4,000, depending on the severity of the violation. Immediate corrective action is required to resume operations.