Chapter 10.12
OVERSIZE AND OVERWEIGHT VEHICLES
Sections:
10.12.040 Establishment of insurance, bond and fee requirements.
10.12.050 Permit fees—Designated.
10.12.060 Permit fees—Exemptions.
10.12.070 Permit fees—Inspection fee exemptions.
10.12.090 Permit—Cancellation.
10.12.100 Permit—Nontransferable.
10.12.110 Repetitive use permits.
10.12.120 Building permit required.
10.12.130 Inspection—Interference prohibited.
10.12.140 Compliance with public works director required.
10.12.150 Promulgation of regulations.
10.12.160 Responsibility for damage.
10.12.170 Interference with public or private facilities prohibited.
10.12.180 Determination of correct costs.
10.12.190 Deposits and other securities.
10.12.200 Form of cash deposits.
10.12.220 Billing and refunds.
10.12.010 Permit—Required.
A. Every person or entity, called in this chapter “person” or “permittee,” except as otherwise provided in this chapter, is required to obtain a permit from the director of public works, before he or she moves or causes to be moved any load along or across any city street. “Load” means any object or thing, including a vehicle or combination of vehicles which, when traveling along or across any city street, is required to have a special permit pursuant to the Vehicle Code, and includes, but is not limited to, any oversize or overweight vehicle, house, vessel, machine, equipment, transformer, tree, boat, airplane and mobilehome.
B. It is not intended that the director of public works issue a permit to move any load when the weight and/or size of the load plus the weight and/or size of the vehicle or other equipment exceeds limitations of the Vehicle Code, except where it is impractical to change the physical characteristics of the load. The director of public works may issue a permit to move such load where he or she has determined that it is not in conflict with the public interest to do so.
C. The fact that an oversize vehicle is duly registered does not imply that a permit must be issued or exempt such load from the necessity of securing a permit to operate on any city street. The permits must be secured and in possession of the operator before the vehicle may be legally operated. (Prior code § 10.04.010)
10.12.020 Permit—Application.
A. Application for a permit shall be made in writing to the director of public works, on the forms provided by him or her.
B. On each application the applicant or his or her agent shall sign a statement that the applicant agrees to preserve and save harmless the city, its officers and employees, from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as the proximate result of his or her activities pursuant to the permit applied for, including wrongful or accidental death. (Prior code § 10.04.020)
10.12.030 Permit—Term.
Each permit shall specify the duration of the permit. The director of public works may extend the time in which event the permit shall be so endorsed. (Prior code § 10.04.030)
10.12.040 Establishment of insurance, bond and fee requirements.
The city council shall from time to time by resolution establish fees for the issuance of permits and the minimum amounts of insurance or bonds to be required by the director of public works in conjunction with the issuance of permits. (Prior code § 10.04.040)
10.12.050 Permit fees—Designated.
A. Except as otherwise provided, the permittee shall pay for all the city’s costs relating to a permit, including but not restricted to, the following:
1. The permit issuance fee;
2. Engineering, inspection, transportation and tests;
3. Repairing or restoring the city streets and altering, removal, replacement and repair of all appurtenant facilities including utilities to the same or equal condition as they were before damage as a result of the permittee’s activities;
4. Furnishing and/or maintaining any lights, barricades or warning devices;
5. 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;
6. Removing or remedying any hazardous conditions and tree trimming.
B. Issuance fees and charges collected under the provisions of this chapter shall be deposited in the respective funds from which corresponding disbursements were made. (Prior code § 10.04.050)
10.12.060 Permit fees—Exemptions.
The following shall be exempt from paying the permit issuance fee: the United States, this state, any county, any city, any school district and other districts organized under state law and any permittee who has previously paid such a fee in connection with a state and/or county permit relative to the move for which the permit is being sought. (Prior code § 10.04.060)
10.12.070 Permit fees—Inspection fee exemptions.
The director of public works may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified government agency which will furnish evidence that the work will be inspected and will comply with standards required by the city. If an applicant receives such a permit and the government agency fails to make the inspection or fails to file the evidence as required, the director of public works may inspect the work, and the permittee shall pay the actual cost of such inspection and any remedial work. (Prior code § 10.04.070)
10.12.080 Permit—Display.
The permittee shall make the permit available for inspection by the director of public works or by any peace officer or other public officer or employee having responsibility for safety or maintenance of the city streets. Each permit for moving must be in or attached to the vehicle or combination of vehicles to which it refers. In cases where a building or structure is moved in more than one section at the same time, on each section on which the original permit is not attached there shall be affixed a true copy of the original permit. (Prior code § 10.04.080)
10.12.090 Permit—Cancellation.
The director of public works for cause may cancel a permit unless the permitted activity is commenced within the time specified and is diligently prosecuted to completion. (Prior code § 10.04.090)
10.12.100 Permit—Nontransferable.
Permits issued under the authority of this chapter are not transferable. (Prior code § 10.04.100)
10.12.110 Repetitive use permits.
Repetitive use permits, renewable periodically, may be issued to cover more than a single move. The director of public works may revoke such permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a repetitive use permit does not relieve the permittee from making such reports of activity under the repetitive use permit as may be required by the director of public works and for paying for inspections, repairs and other costs incurred by the director of public works due to the permittee’s activity. (Prior code § 10.04.110)
10.12.120 Building permit required.
Notwithstanding anything else to the contrary herein contained prior to the issuance of any permit by the director of public works as provided for in this chapter, any applicant for such a permit shall first obtain from the community development director a building permit whenever such a permit is otherwise required by applicable law. (Prior code § 10.04.120)
10.12.130 Inspection—Interference prohibited.
A person shall not obstruct the director of public works in making any inspection to determine compliance with the conditions of the permit. (Prior code § 10.04.130)
10.12.140 Compliance with public works director required.
Every permittee shall obey and comply with every order, decision, direction or rule of the director of public works in the matters specified in the permit, or other matters relating to the permitted use of a city street, and shall do everything necessary to secure compliance therewith by officers, agents and employees of the permittee. (Prior code § 10.04.140)
10.12.150 Promulgation of regulations.
A. The director of public works shall cause to be prepared regulations for use in compliance with this chapter. These regulations shall make such requirements as are necessary to protect the public and cause the public the least possible inconvenience, provide for appropriate methods of protecting surface, subsurface and overhead utilities within a city street or adjacent thereto; provide for protection of the finish surface, base or sub-base of city streets; provide for the protection of private and public property adjacent to city streets; provide for any necessary temporary relocation of any utilities or other property within a city street; provide for repair, at the expense of the permittee, of any improvement which is damaged by reason of an act of permittee, whether or not such an act is in accordance with his or her permit; provide a method of designating which city streets are to be used, and at what time, for the movement of particular loads and provide for the collection of permit fees and for the collection and disbursement of any deposit which may required.
B. The director of public works shall have in his or her office, copies of the regulations and this chapter for inspection by the public and for distribution to the public, which may be sold at cost. (Prior code § 10.04.150)
10.12.160 Responsibility for damage.
The permittee shall protect all street improvements and other facilities within the city streets by methods satisfactory to their owners. An owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any street or other facility is damaged, it may be repaired by the owner at the expense of the permittee, or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner at the permittee’s expense. (Prior code § 10.04.160)
10.12.170 Interference with public or private facilities prohibited.
The permittee shall investigate and be aware of all existing facilities lawfully within the city streets which are within the limits of his or her activity. The permittee shall not interfere with any such existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be arranged for by the permittee, to be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee. (Prior code § 10.04.170)
10.12.180 Determination of correct costs.
Whenever any costs are to be charged to a permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including applicable indirect cost in accordance with current practice for charging for work performed for the public. (Prior code § 10.04.180)
10.12.190 Deposits and other securities.
Every applicant for a permit, other than public entity organizations listed in Section 10.12.060 of this chapter, shall be required to provide a cash deposit or other adequate security as determined by the director of public works, to guarantee payment of fees, costs and charges due or which may become due under this chapter whenever, in the opinion of the director of public works, the city will incur costs in conjunction with a particular permit not reasonably covered by the permit fee, or if the permittee does not fulfill all of the permit requirements, or where the nature of the particular application is such that it can reasonably be anticipated that the city will suffer costs in conjunction with the move. Agencies exempt from such deposits are not relieved of payment of all costs incurred by the city by reason of a move. (Prior code § 10.04.190)
10.12.200 Form of cash deposits.
A cash deposit may be in the form of a special deposit for each permit or in the form of a general cash deposit to be maintained as security for all the permits issued to an applicant. (Prior code § 10.04.200)
10.12.210 Surety bonds.
In lieu of a general cash deposit, the director of public works may accept from an applicant other types of security such as a surety bond and other approved security. (Prior code § 10.04.210)
10.12.220 Billing and refunds.
The director of public works shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this chapter. The remainder of any deposit shall be refunded. A permit issuance fee may be refunded when a permit has been issued as a result of error not made by the permittee. (Prior code § 10.04.220)
10.12.230 Violation—Penalty.
Every person who operates a vehicle, moves a load or performs work regulated under this chapter, without first obtaining a permit from the director of public works, or, having a permit, fails to comply with this chapter and applicable rules and regulations, is guilty of a misdemeanor and is guilty of a separate offense for every day during any part of which a violation occurs. A misdemeanor is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment. (Prior code § 10.04.230)