A. Definitions. For the purpose of this chapter and Chapters
12.24 through
12.32, the following definitions apply:
"Building or structure,"
in addition to the meanings ordinarily ascribed thereto,
includes any machine, implement, device, tree, derrick, stage or other
setting, lumber, sash or door, structural steel, pipe bend, dynamo,
transformer, generator, punch, agitator, object or thing having a
width of more than eight feet, other than any implement of husbandry
or any special mobile equipment, as defined in the California Vehicle
Code, having a width of 10 feet or less. The term also includes a
vehicle or combination of vehicles of a size or weight of vehicle
or load exceeding a maximum permitted by the State
Vehicle Code.
"Highway"
means any public highway, public street, public way or public
place in the City, either owned by the City or dedicated to the public
for the purpose of travel.
"Moving contractor"
means any person who, for him or herself, or for another,
moves or causes to be moved any building or structure over, upon,
along or across any highway.
"Person"
includes any individual, firm, copartnership, joint adventure,
association, corporation, estate, trust, business trust, the state,
any county including this county, and all departments and bureaus
thereof except the Street Department of the City, City and County,
municipality, district or other political subdivision thereof, or
any other group or combination acting as a unit.
"Total number of tire inches"
means that number calculated by adding the respective tire
sizes, as specified by the manufacturer, of all tires resting upon
the surface of the highway.
"Width"
means that dimension measured at right angles to the anterior-posterior
axis of the conveyance upon which the building or structure or portion
thereof is or is to be loaded or moved, or to the median line of the
highway over which the same is being or is to be moved.
B. Derivation of Provisions—Chapters
12.20 Through 12.32. The provisions of this chapter and of Chapters
12.24,
12.28 and
12.32 are derived from San Diego County Ordinance 989 (New Series) as adopted by City Ordinance 79. Each section carries a note indicating the corresponding section number of the County ordinance (S.D. Co. Ord. 989 N.S.).
(S.D. Co. Ord. 989 N.S. §§
12—16, 26; prior code §§ 7100—7107; Ord. 79 § 2, 1957; amended during 1991 republication)
The office of Director of Public Works is established. The Director
of Public Works has the powers and duties imposed by this code and
by the City Council or the City Manager.
(Prior code § 7112; Ord. 79 § 5, 1957; Ord. 2003-1001 § 4)
Whenever a power is granted to or a duty is imposed upon a public
officer by this chapter, the power may be exercised or the duty may
be performed by a deputy of the officer or by a person authorized,
pursuant to law or ordinance, by the officer, unless this title expressly
provides otherwise.
(Prior code § 7113; S.D. Co. Ord. 989 N.S. § 3)
A. Application
for a permit under this chapter shall be made in writing to the Director.
B. On
each application the applicant shall sign a statement that he or she
agrees to preserve and save harmless the City and each officer and
employee thereof from any liability or responsibility for any accident,
loss or damage to persons or property happening or occurring as a
proximate result of its negligence or the negligence of its agents,
servants, employees or contractors in the design or performance of
any work undertaken under any permit granted pursuant to the application.
(Prior code §§ 7121, 7122; S.D. Co. Ord. 989 N.S. § 19.22)
A. If
this state, any county, this City or any other municipal corporation,
school district, other public district or public body files with the
Director a written guarantee of payment of all costs for which they
may become liable to the City, then neither an issuance fee nor deposit
is required for such persons.
B. All
other persons except the United States shall make whatever deposit
is required by this chapter and, in addition thereto, pay an issuance
fee of one dollar and twenty-five cents.
C. Except
as otherwise provided in this title, the Director shall not issue
any permit until all issuance fees have been paid.
(Prior code §§ 7131—7133; S.D. Co. Ord. 989 N.S. §§ 20, 20.1)
A. At the request of a permittee who maintains with the Director a general deposit as provided in Chapter
12.24 or
12.28, the Director may waive the requirement covering prepayment of the issuance fees and bill the permittee for issuance fees covering permits issued subsequent to such request, provided that the amount of the deposit is sufficient to cover the fees and to provide for other contingencies for which it is given.
B. The
Director may revoke such waiver at any time and must revoke the waiver
if the permittee fails to pay his or her bill for fees within the
required time.
C. All
such checks shall be deposited daily by the Director with the City
Treasurer.
(Prior code §§ 7134—7134.2; S.D.
Co. Ord. 989 N.S. § 20.2)
A. Where the Director grants the waiver provided in Section
12.20.070, he or she shall bill the permittee at the end of each month for all permits issued during that month, and the permittee shall pay the bill not later than the last day of the following month.
B. The
Director may, in his or her discretion, accept a personal check drawn
on a bank located within San Diego County or Los Angeles County in
payment of such bill, provided the check is received by the Director
not later than the 15th day of the month following the month covered
by the billing.
C. The
acceptance of the check constitutes a payment of such bill when but
not before the check is duly paid.
(Prior code §§ 7135—7135.2; S.D.
Co. Ord. 989 N.S. § 20.3)
A. The
issuance fees required by the provisions of this chapter are for the
purpose of defraying the cost of issuing the requested permit.
B. No
part of any issuance fee may be refunded to any applicant.
(Prior code §§ 7136, 7136.1; S.D. Co. Ord. 989 N.S. § 21)
Issuance fees and charges for repairs, inspection or engineering
collected under the provisions of this title shall be deposited in
the respective funds from which the corresponding disbursements were
made.
(Prior code § 7137; S.D. Co. Ord. 989 N.S. § 24)
Whenever in the provisions of this title any costs are to be
charged to any permittee, and no other method for the calculation
of such costs is specified, such costs are the actual costs including
the proportionate part of the salaries, wages or other compensation
of any deputy or employee, plus cost of overhead not to exceed 15%
of the total.
(Prior code § 7138; S.D. Co. Ord. 989 N.S. § 17)
Any permit authorized under any of the provisions of this title
may be issued subject to such conditions and limitations as the Director
deems necessary for the protection of the highways, or to prevent
undue interference with traffic, or to protect both persons and property
within or adjacent to such highway from damage or danger.
(Prior code § 7141; S.D. Co. Ord. 989 N.S. § 29)
A. Any
permit issued by the Director under any of the provisions of this
title, or the conditions to which it has been made subject, may be
amended or changed if the Director deems such amendment or change
to be necessary for the protection of the highways, or to prevent
undue interference with traffic, or to protect both persons and property
within or adjacent to such highways from damage or danger.
B. Notification
of the amendment or change shall be made by the Director either by
mailing written notice to the permittee at the address contained on
his or her application for the permit, or by making personal service
of the written notice to the permittee.
C. The
amendment or change shall be effective either 24 hours after the written
notice is deposited in the United States mail, or immediately upon
completion of personal service.
(Prior code §§ 7142—7144; S.D. Co. Ord. 989 N.S. § 30)
Except where otherwise specifically provided by this title,
every person is guilty of a misdemeanor who, before obtaining a permit
from the Director so to do, moves or causes to be moved along any
highway any building or structure or makes or causes to be made any
excavation, fill or obstruction of or lays, constructs or repairs
any curb, sidewalk, gutter, driveway, roadway surface, retaining wall,
storm drain or culvert or other work of any nature in, over, along,
across or through any highway.
(Prior code § 7151; S.D. Co. Ord. 989 N.S. § 18)