A. 
Application for a permit shall be made in writing to the commissioner, on the forms provided by the commissioner.
B. 
An applicant for a permit shall state in his application: name and address, such other information as is required by this chapter and such other information as the commissioner may require.
C. 
On each application the applicant or his agent shall sign a statement that he agrees to preserve and save harmless the county 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 his activities pursuant to the permit applied for.
D. 
The commissioner may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, for the safety of persons using such highways, as to the route over which to move any overheight, width, length or weight load; as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and, as to other permits issued pursuant to the provisions of this chapter.
E. 
When required by the commissioner, the applicant shall attach to or enclose with the application three copies of a map, plat, sketch, diagram or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate or identify the proposed encroachment.
F. 
The commissioner may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.
(Ord. 6 § 16 (part), 1983)
The commissioner may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill compaction, paving traffic regulations, hours of work, flagmen, lights, inspection and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The commissioner may add these requirements and conditions by rubber stamp, or attachments to the permit, or both, and they shall be an integral part thereof.
(Ord. 6 § 16 (part), 1983)
Each permit shall specify the time the permit shall become null and void and the permit shall become null and void on the date so specified unless the commissioner extends the time. The commissioner may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God or other causes not within the control of the permittee.
(Ord. 6 § 16 (part), 1983)
Before commencing any encroachment work authorized by any permit the permittee shall notify the commissioner of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.
(Ord. 6 § 16 (part), 1983)
A. 
Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, public utility or metropolitan water district, subject to the compliance with all applicable provisions of this chapter.
B. 
The commissioner may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter.
C. 
The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the commissioner due to the permittee's activity.
D. 
Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width and 60 feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding 30 square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times.
(Ord. 6 § 16 (part), 1983)
A. 
The permittee shall make the permit available for inspection by the commissioner or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway.
B. 
Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.
C. 
Permits issued under the authority of this chapter are nontransferable.
(Ord. 6 § 16 (part), 1983)
The permittee is liable for and shall pay for all the commissioner's costs related to the permit, including, but not restricted to, the following:
A. 
The permit issuance fee if that has not otherwise been paid;
B. 
Engineering, which includes design, inspection, survey and tests;
C. 
The cost of any inspection, transportation or test made;
D. 
The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;
E. 
The cost of furnishing and/or maintaining any lights, barricades or warning devices;
F. 
The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes and any other expense for traffic control;
G. 
The cost of removing or remedying any hazardous condition;
H. 
The cost of tree trimming;
I. 
Any other cost to the county caused by the permittee's activity.
(Ord. 6 § 16 (part), 1983)
Whenever in the provisions of this chapter, 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 overhead and depreciation in accordance with current practice in charging for work performed for the public and as defined in the encroachment fee resolution as adopted by the board of supervisors.
(Ord. 6 § 16 (part), 1983)
The commissioner may require the permittee to make proper arrangements for, and bear the cost of the relocation of any structure, publicly owned facility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The commissioner may elect to do the necessary relocation at the permittee's expense.
(Ord. 6 § 16 (part), 1983)
A. 
If any county highway improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense (except as provided by state statute).
B. 
When relocation is required, the commissioner shall give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the commissioner and a reasonable time within which the encroachment must be relocated or removed.
C. 
If the permittee fails to comply with such instructions, the county may relocate the encroachment at the expense of the permittee in accordance with the schedule of charges as adopted by the board of supervisors.
D. 
In determining what is a reasonable time under this section, the commissioner shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner and other facts peculiar to the particular situation.
E. 
The provisions of this section apply to all permittees including public agencies and public utilities having authority to occupy county rights-of-way pursuant to a franchise or an express provision of the California Code; however, this section shall not apply to said public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway.
(Ord. 6 § 16 (part), 1983)
A. 
The commissioner may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the county.
B. 
If an applicant receives a permit pursuant to the provisions of Section 12225 and the governmental agency fails to make the inspection or fails to file evidence as required, the commissioner may inspect the work and the permittee shall pay the actual cost of such inspection to the commissioner.
(Ord. 6 § 16 (part), 1983)
The commissioner shall not charge for any engineering or inspection on permits for the construction of curbs, gutters, walks and highway surfaces except when the construction of curbs, gutters, walks and highway surfaces is in connection with subdivision activity or is directly for private interests where the public is not benefitted.
(Ord. 6 § 16 (part), 1983)
A. 
All persons, except as otherwise provided in this chapter, shall pay an issuance fee and all other costs and charges as established for the work described in this chapter.
B. 
Issuance fees and charges for repairs, inspection or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.
C. 
The following shall be exempt from paying the issuance fee: the United States, this state, all departments of this county, any municipal corporation, any school district, and any special district organized under state law.
D. 
The commissioner may grant a permit without issuance fee if he or she finds that the work to be done has been requested by the county in connection with proposed public works.
E. 
If the commissioner determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he or she may in specific instances waive all fees and deposits.
F. 
The fee for each true copy of a permit to the permittee is twenty-five cents ($0.25).
G. 
Unless otherwise provided in a license agreement or other agreement between the city and the applicant, the schedule of fees or charges will be those recommended by the director and adopted by resolution of the city council from time to time. Where work for which a permit is required by this chapter is started or proceeded with, prior to obtaining said permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.
(Ord. 6 § 16, 1983; Ord. 527, 4/16/2025)
A. 
Unless exempted from this requirement by law or by the commissioner, each applicant shall, before obtaining a permit, deposit with the commissioner a cash deposit, consisting of cash or a certified or cashier's check in a sum to be fixed by the commissioner as sufficient to reimburse the county in accordance with the schedule of charges as adopted by the board of supervisors for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all conditions of the permit. Where the size and nature of the project warrant, the director may require the additional deposit of $500 to indemnify and reimburse the county for work done by or for the county in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by or arising out of the doing of any work under any permit issued to the permittee.
B. 
A cash deposit may be in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit it shall be with the understanding that he or she will pay all bills sent him or her by the commissioner for work described in this chapter.
(Ord. 6 § 16, 1983)
A. 
In lieu of a general cash deposit the commissioner may accept from an applicant other types of security as specified in this section.
B. 
The commissioner may accept a surety bond in a sum of not less than $1000 on a form supplied by the commissioner and executed by a corporation authorized to engage in surety undertakings in the state. It shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the said surety bond.
C. 
The commissioner may accept a certificate of deposit or passbooks made payable to order of the county in lieu of a surety bond.
D. 
As security on moving permits only, the commissioner may accept a certificate of insurance and endorsement on the standard forms provided by the commissioner. Such certificate and endorsement shall show that an insurance policy of not less than $10,000 has been issued to the applicant and is in full force and effect; and in which policy the insurer directly agrees to reimburse the county for all sums due it from the permittee for damage to highway facilities.
E. 
The commissioner may require any type of security that has, in his or her opinion, become insufficient for protection of the public interest, to be increased to such an amount as he or she has determined will be sufficient to protect the public interest. He or she may require special deposits or other security.
(Ord. 6 § 16, 1983)
Any deposit required by the commissioner pursuant to this chapter shall be payable to the county and shall be filed or deposited with the commissioner, 90 days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the commissioner will release the deposit upon application of the permittee.
(Ord. 6 § 16, 1983)
No bond, insurance certificate, certificate of deposit, savings and loan share assignment or other form of indemnification is acceptable which bears an expiration date not determined by the county.
(Ord. 6 § 16, 1983)
The commissioner may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit or other payment required by this chapter.
(Ord. 6 § 16, 1983)
The commissioner shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this chapter.
(Ord. 6 § 16 (part), 1983)
If, within 30 days after a bill has been sent, the permittee does not pay the same in full, such amount may be deducted from his general deposit, or the commissioner may recover the amount due from any security the permittee has filed under Section 12.04.450(A) of this chapter. If the deposit or security is insufficient to pay the amount due, the county may enforce collection by legal means.
(Ord. 6 § 16 (part), 1983)
At the request of a permittee who maintains with the commissioner adequate security as provided in Article II of this chapter and to whom 10 or more permits have been issued monthly, for three consecutive months, the commissioner may waive the requirement covering prepayment of the issuance fees and bill said permittee for issuance fees covering permits issued subsequent to such request. The commissioner may revoke such waiver at any time.
(Ord. 6 § 16 (part), 1983)
The commissioner may elect not to issue further permits to the permittee and may hold any deposits, guarantees or bonds of the permittee as long as any bill remains unpaid.
(Ord. 6 § 16 (part), 1983)
A. 
The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, or to his or her assigns.
B. 
An issuance fee may be refunded when a permit has been issued as a result of an error not made by the permittee.
C. 
The fee deposited for driveway inspection or any other unit fee established may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee and no inspection requests were made.
D. 
If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made.
(Ord. 6 § 16 (part), 1983)
All obligations, responsibilities and other requirements of the permittee as herein described shall be binding on subsequent owners of the encroachment.
(Ord. 6 § 16 (part), 1983)