For the purposes of this chapter, the words and phrases set
forth in this section shall have the following meanings:
In addition to the meaning ordinarily ascribed thereto, "building
or structure" 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 Vehicle
Code of the State of California, having a width of ten feet or less.
"Building or structure" also includes a vehicle or combination of
vehicles of a size or weight of vehicle or load exceeding the maximum
permitted by the Vehicle Code.
means any driveway that is not a residential driveway as
defined in subsection H of this section.
means a commercial driveway.
means any tower, pole, poleline, pipe, pipeline, driveway,
private road, fence, billboard, stand or building, or any structure
or object of any kind or character not particularly mentioned herein,
which is placed in, under or over any portion of the 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 purpose of travel.
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.
means any person defined by Section 1.08.180 and also includes
the United States, this state, this city and this county, including
all departments and bureaus thereof, except the road department of
this city.
means any driveway serving any property which is used solely
as a private residence consisting of one, two, or three dwelling units,
including farms or ranches which are not used as retail outlets.
means the city engineer and the building inspector as ex-officio
city engineer as to residential driveway permits only.
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.
means the Vehicle Code of the state.
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.
(Prior code § 71.101)
Every applicant for a permit or license required by this chapter
shall make a written application to the surveyor.
(Prior code § 71.102)
In addition to the application required by Section 12.04.010, the contractor of any such person also shall be required to obtain a permit; provided, however, any contractor of this city for highway construction, improvement or repair shall not be required to obtain a permit pursuant to this chapter.
(Prior code § 71.102.1)
The applicant shall agree to indemnify and/or hold harmless
the city, each of its officers and its employees from any liability
or responsibility for accident, loss, or damage to persons or property
arising by reason of the work done by the applicant, or his or her
agents, employees, or representatives.
(Prior code § 71.103)
Every applicant for a permit or license required by this chapter
shall at the time of making application for the permit or license
pay the fees and make the deposits required for such permit or license.
(Prior code § 71.104)
If the United States, this state, this or any other county,
any municipal corporation, school district, other public district
or public body files with the surveyor 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 from such persons.
(Prior code § 71.105)
At the request of a permittee who maintains with the surveyor
a general deposit, as provided in this chapter, the surveyor 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. The surveyor 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.
(Prior code § 71.106)
Where the surveyor grants the waiver provided in Section 12.04.035, 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 said bill not later than the last day of the following month. The surveyor may, in his or her discretion, accept a personal check drawn on a bank located within the county or Los Angeles County in payment of such bill, provided the check is received by the surveyor not later than the fifteenth day of the month following the month covered by the billing. The acceptance of the check constitutes a payment of such bill when, but not before, the check is duly paid. All such checks shall be deposited daily by the surveyor with the city treasurer.
(Prior code § 71.107)
The issuance fees required by the provisions of this chapter
are for the purpose of defraying the cost of issuing the requested
permit. No part of any issuance fee may be refunded to any applicant.
(Prior code § 71.108)
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.
(Prior code § 71.109)
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
the proportionate part of the salaries, wages, or other compensation
of any deputy or employee, plus cost of overhead not to exceed fifteen
per cent of the total.
(Prior code § 71.110)
The surveyor shall not approve the application unless it appears
to him or her that the work proposed to be done will not significantly
damage the highways or create an unreasonable risk of harm to persons
or property, and that the approval of the application is in the public
interest; provided, however, the surveyor may approve the application
subject to conditions, if the surveyor determines that by doing so
it would be in the public interest, no significant damage to the highways
would be created, and no unreasonable risk of harm to persons or property
would be created.
(Prior code § 71.111)
When the surveyor approves an application for a permit, he or
she shall issue the permit.
(Prior code § 71.112)
Notwithstanding the provisions of Section 12.04.060, surveyor shall approve the application for permit, subject to conditions, of any public agency or public utility having a lawful authority to occupy the highways and authorized by law to establish or maintain any works or facilities in, over, or under any public highway. Any such permit shall contain a provision that, in the event the future improvement of the highway necessitates the relocation of its facilities, the permittee will relocate the same at its sole expense.
(Prior code § 71.113)
A.
Any
permit issued by the surveyor under any of the provisions of this
chapter, or the conditions to which it has been made subject, may
be amended or changed if the surveyor 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 surveyor 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. The amendment or change shall
be effective either twenty-four hours after the written notice is
deposited in the United States mail, or immediately upon completion
of personal service.
(Prior code § 71.114)
All permits other than those issued to public agencies or a
public utility having lawful authority to occupy the highways, are
revocable on five days' notice and the encroachment must be removed
or relocated as may be specified by the surveyor in the notice revoking
the permit and within a reasonable time specified by the surveyor,
unless the permit provides a specified time.
(Prior code § 71.115)
Copies of the specifications entitled "The Standard Specifications,
Road Department of the County of San Diego," referred to in this chapter,
may be sold by the surveyor for the sum of five dollars. Any portion
of the specifications may be sold by the surveyor at the cost of producing
the same. All moneys received pursuant to sales made under this section
shall be paid into the city treasury as provided by law.
(Prior code § 71.116)
The surveyor is authorized to enforce the provisions of this
chapter.
(Prior code § 7l.119)
Except where otherwise specifically provided by this chapter,
every person is guilty of a misdemeanor who, before obtaining a construction,
excavation or encroachment permit from the surveyor to do so:
A.
Moves,
or causes to be moved, along any highway any building or structure;
B.
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;
C.
Places,
changes or renews any encroachment in, under or over any portion of
a highway.
(Prior code § 71.117)
Violation of any provision of this chapter is punishable as
follows:
A.
Violation
of any provision of this chapter, or of Article II or Article VI of
this chapter, by a fine of not more than five hundred dollars, or
by imprisonment in the county jail for not more than six months, or
by both such fine and imprisonment;
B.
Violation
of any provision of Article III or Article IV of this chapter, by
a fine of not less than ten dollars nor more than one hundred dollars,
or by imprisonment in the county jail for not more than sixty days,
or by both such fine and imprisonment.
(Prior code § 71.118)
