Azusa Municipal Code Art. I In General

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building or structure means, in addition to the meaning ordinarily ascribed thereto, any machine, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel pine 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 state Vehicle Code having a width of ten feet or less. The term means also a vehicle or combination of vehicles or a size or weight of vehicle or load exceeding the maximum permitted by the state Vehicle Code.

City engineer means either the duly appointed city engineer or his authorized representative.

Costs means, whenever any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, the actual costs, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus cost of overhead.

Moving contractor means any person who for himself or for another moves or causes to be moved any building or structure over, upon, along or across any highway.

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.

Width means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which a 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 conveyance is being or is to be moved.

(Code 1971, § 12.10.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall do any of the following without first obtaining a permit from the city engineer:

(1) Move or cause to be moved along any highway any building or structure.

(2) Make or cause to be made any excavation, fill or obstruction of or lay, construct or repair any curb, sidewalk, gutter, driveway, roadway, retaining wall, storm drain or culvert, highway light or highway lighting system in, over, along, across or through any street or public right-of-way.

(3) Erect, construct, place, maintain, leave or abandon any building, fence, porch, steps, post, pole, track, wire, pipe, conduit or other structure in whole or in part in or upon any street or public right-of-way.

(4) Place, affix, paint, maintain, leave or abandon any sign, placard, notice, advertisement, seat, table, stand, material or other obstruction in any street or public right-of-way.

(5) Place, affix or leave bus benches.

(6) Any other work on a street or public right-of-way.

(Code 1971, § 12.10.020)

Section 62-2 shall not apply to the following:

(1) United States mailboxes.

(2) Portable and usual garbage and rubbish receptacles when conforming to and placed in accordance with the laws of the city with reference thereto.

(3) Notices, placards, posters or any of the other articles or means mentioned or referred to in this section erected or placed by any city or any other public officer, official or employee while acting within the scope of his office or employment as such public officer, official or employee.

(Code 1971, § 12.10.030)

Application for a permit pursuant to this chapter shall be made in writing to the city engineer on forms provided by the city engineer and shall contain the information required under this chapter.

(Code 1971, § 12.10.040)

By filing an application for a permit under this chapter, the applicant agrees to preserve and save harmless the city 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 any work undertaken under any permit granted pursuant to the application. The application form shall so provide as well.

(Code 1971, § 12.10.050)

Whenever, under this chapter, barricades, warning devices, safety devices or other structures, facilities or devices are required and it is determined by the city engineer that lights, barricades, warning devices, structures or other safety devices are needed in order to protect the public or to protect the property of others, but have not been provided, such warnings, lights, barricades or other safety devices or structures as may be deemed necessary may be located, placed, constructed or furnished by the city. If such shall occur, the contractor, permittee or person doing or causing the work to be done shall pay to the city the actual cost incurred for such action by the city.

(Code 1971, § 12.10.060)

(a) Applications for issuance of permits pursuant to this chapter shall be accompanied by a nonrefundable fee in an amount specified by resolution of the city council.

(b) Any deposits required by this chapter shall be made prior to issuance of the permit.

(c) If any work or thing is done in or about public property for which a permit is required under this chapter and a permit is not first obtained, except under emergency conditions, in addition to the other charges set forth by such resolution of the council there shall be an additional charge as set forth by resolution of the city council.

(d) If this state or any political subdivision thereof files with the city engineer a written guarantee of payment of all costs for which it may become liable to the city, neither an issuance fee nor deposit shall be required.

(e) The issuance fees required by this chapter are for the purpose of defraying the costs of issuing the requested permits. No part of any issuance fee may be refunded to any applicant.

(Code 1971, § 12.10.070)

Under this chapter, the city engineer may issue permits in accordance with this Code and may impose such reasonable conditions upon the permit as are necessary and convenient to ensure compliance with the provisions of this Code and protect the health, safety and welfare of persons within the city.

(Code 1971, § 12.10.080)

No person shall prevent or obstruct or attempt to prevent or obstruct the city engineer in making any inspection authorized by this Code or in taking any sample or in making any test.

(Code 1971, § 12.10.090)

Within ten days following the conditional approval or denial of a permit by the city engineer pursuant to this chapter, the applicant may appeal in writing to the city manager. The city manager shall meet with the appellant and rule upon the appeal within 14 days following filing. Within ten days after the city manager's decision, the applicant may appeal the city manager's decision to the city council by written notice filed with the city clerk. The council shall hear from the applicant and decide the appeal within 30 days of filing, but may continue the matter for good cause. The council may, by resolution, impose fees for these appeals to cover the costs thereof.

(Code 1971, § 12.10.100; Ord. No. 98-09, § 2, 6-15-98)

Mean sea level is declared to be the datum plane or baseline from which all elevations or surface points in the city are to be measured or estimated.

(Code 1971, § 12.10.110)

The standards for street design and improvement within the city shall be those set forth in chapter 66 of this Code, or as specified by resolution of the city council, and all streets opened, accepted or improved shall comply with these standards except to the extent that this section may be waived or altered by the city council for good cause.

(Code 1971, § 12.10.130)

All construction in public rights-of-way, except for state highways, shall be in accordance with the city standard plans on file in the office of the city engineer. The Standard Specifications for Public Works Construction, latest edition, promulgated by the Joint Committee of the Southern California Chapters of the American Public Works Association and the Associated General Contractors, commonly referred to as the "green book," is adopted as the official construction specification for the city, subject however to amendment or revision by the city engineer when special conditions warrant. Construction on state highway rights-of-way shall be in accordance with the standards and specifications of the state's department of transportation. Permits for such construction shall be obtained from Caltrans as well as the city.

(Code 1971, § 12.10.140)