Alpine County Municipal Code Art. II Permit and Security Requirements

The written permits required by this chapter shall be issued by the road commissioner for any lawful use, subject to conditions set forth in this chapter and required by law. The road commissioner shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant’s name, address, and contractor’s name, license number, and primary place of business, if applicant proposes to employ a contractor, together with such detail as in the judgment of the road commissioner is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the road commissioner. (Ord. 247 § 20, 1964)

The applicant shall enclose with, attach or add to the application for a permit, a map, plat, sketch, diagram, or similar exhibit, when required by the road commissioner, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of applicant to cause an encroachment. If necessary, change, corrections, and notes will be made on such map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit. (Ord. 247 § 21, 1964)

The applicant shall also enclose with, attach to, or add to the application copies of the written order or consent to any work thereunder, required by law, the public utilities commission, sanitary districts, water districts, or any other public body having jurisdiction. A permit shall not be issued until and unless such order, or consent, if required, is first obtained and evidence thereof filed with the road commissioner. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders; and shall protect and indemnify the county and all of its officers, agents, and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by himself or his agents or employees. (Ord. 247 § 22, 1964)

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit, is moved on any public right-of-way, a permit to do so must first be granted by the director of transportation. (Ord. 484 § 1 (part), 1988: Ord. 247 § 23, 1964)

No application will be accepted nor permit issued for construction or maintaining a loading platform upon a right-of-way, or for erecting, using, or maintaining therein or thereon a post, pole column or structure for support for advertising signs and any such installation is an illegal encroachment. (Ord. 247 § 11, 1964)

For fees, see the Alpine County Fee Ordinance, set out at Chapter 3.04 of this code. (Ord. 418 § 1, 1982: Ord. 247 § 29, 1964)

Unless this section is waived in the permit and before a permit is effective, an applicant shall deposit with the road commissioner or agent authorized by resolution of the board of supervisors, cash or a certified or cashier’s check, in a sum to be fixed by the road commissioner as sufficient to reimburse the county for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the board of supervisors, provided, however, that an applicant may file a cash deposit on an annual basis in a sum estimated by the road commissioner as sufficient to cover his activities during any twelvemonth period. (Ord. 247 § 40, 1964)

In lieu of the cash deposit prescribed by Section 12.08.120, the applicant may, upon approval by the road commissioner, file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the board of supervisors and in effect at the time of application for a permit, and the balance of the sum fixed by the road commissioner as sufficient to reimburse the county expenses incurred in restoring the right-of-way to its former condition, may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state. (Ord. 247 § 41, 1964)

In lieu of a cash deposit, the applicant may, upon approval by the road commissioner, annually file with the road commissioner an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the road commissioner as sufficient to reimburse the county for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by the resolution of the board of supervisors. (Ord. 247 § 42, 1964)

The road commissioner may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the board of supervisors. (Ord. 247 § 43, 1964)

The condition of any bond or cash deposit made pursuant to this article shall be that the permittee will diligently and in good faith comply with all the terms of this chapter and the terms and conditions of the permit. (Ord. 247 § 44, 1964)

Any bond or cash deposit required by the road commissioner pursuant to this part shall be payable to the county and shall be filed with the road commissioner. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the board of supervisors will release the bond, or cash deposit, upon the expiration of ninety days. (Ord. 247 § 45, 1964)

Work which requires a permit and is being performed by any person or persons, firm or corporation under contract with the county, will be exempt from the fee and bond requirements of this chapter. (Ord. 247 § 9, 1964)

Any permit granted under this chapter shall not annul the right of the county, or any person, firm, corporation, district or association entitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public highway shall be unduly obstructed at any time. (Ord. 247 § 7, 1964)

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not commenced within ninety days, or within the time stated in the permit, then the permit shall become void, unless prior to its expiration, the time for commencement has been extended in writing by the road commissioner. A permit for temporary encroachments, as determined by the road commissioner, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from date of issuance, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the road commissioner mailed thirty days prior to the date of termination. (Ord. 247 § 24, 1964)

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the road commissioner finds that delay in the commencing, prosecuting, or completing the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the county for all expenses incurred by the road commissioner in restoring the right-of-way, plus fifteen percent, as administrative costs. (Ord. 247 § 25, 1964)

A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle, when movement thereof in a public highway is involved, and the permit must be shown to any authorized representative of the road commissioner or law enforcement officer on demand.

B. A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the road commissioner or law enforcement officer within a reasonable time after demand therefor is made. (Ord. 247 § 27, 1964)

No changes may be made in the location, dimensions, character, or duration of the encroachment or use as granted by the permit except on written authorization by the road commissioner, except that no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way. (Ord. 247 § 28, 1964)

No permit issued pursuant to this chapter is transferable. The person or persons, public agency, firm or corporation actually making and/or maintaining the encroachment shall obtain the permit and furnish the bond. (Ord. 247 § 26, 1964)