For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings:
Building or Structure.
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.
"Commercial driveway"
means any driveway that is not a residential driveway as defined in subsection H of this section.
"Driveway"
means a commercial driveway.
"Encroachment"
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.
"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.
"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"
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.
"Residential driveway"
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.
"Surveyor"
means the city engineer and the building inspector as ex-officio city engineer as to residential driveway permits only.
"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.
"Vehicle Code"
means the Vehicle Code of the state.
"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.
(Prior code § 71.101)
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)
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)
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)