Bell Municipal Code Art. II Permit Procedures

A. Every person shall obtain a permit from the director for any of the following:

1. Moving or causing to be moved over, along or across any highway any "load" or "vehicle";

2. Making or causing to be made any excavation or encroachment in any highway;

3. Placing, changing or relocating any encroachment;

4. Placing, constructing or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of any nature located on, in, over, under, along or across any highway;

5. Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility within any highway;

6. Placing or leaving any impediment to travel upon any highway.

B. No person shall participate in, or perform or cause to be performed, any of the acts described in this section unless there is in full force and effect a validly issued permit therefor.

C. Each permittee shall present for inspection a copy of the permit to any public official upon his or her request therefor, made at any reasonable time and place.

(Prior code § 5400(a))

Applications for permits shall be made upon a form provided by the director. Such applications shall clearly specify the following:

A. The nature of the activity;

B. The location of the activity;

C. The duration of the activity;

D. The name, address and legal status of the applicant;

E. The name and address of the person who will be in charge of the activity; and

F. Such other information as the director deems necessary, including, but not limited to plans and specifications for the project contemplated.

(Prior code § 5400(b))

On each application the applicant or his or her agent shall sign a statement that he or she agrees to preserve and hold harmless the city and its officers and employees thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his or her activities pursuant to the permit applied for.

(Prior code § 5400(c))

Each permit shall specify the time the permit shall become null and void. The permit shall become null and void on the date so specified unless the time is extended. The director, for good cause, may extend such time.

(Prior code § 5400(d))

A. The director shall issue the permit as requested if he or she finds:

1. That the activity will not cause any unreasonable interference with the public's use of the highway; and

2. That the activity is reasonably necessary and is consistent with the public interest; and

3. That the activity can be conducted without the possibility of injury to persons or property; and

4. That all fees and charges established by the resolution of the city council and/or deposits required hereunder have been paid or deposited.

B. Imposition of Conditions Upon Issuance. The director shall be empowered to conditionally issue a permit where he or she finds such conditions are reasonably necessary to ensure compliance with the provisions of this code and to carry out the purpose of this chapter. Such conditions may include, but are not limited to, the following:

1. The relocation, reconstruction, replacement or protection of any existing objects or structures, natural or man-made; and

2. The routes to be utilized; and

3. The locations to be utilized; and

4. The depth, location, dimension and number of excavations to be permitted; and

5. The type and nature of equipment, safety devices and personnel to be utilized; and

6. The type and method of construction; and

7. The duration of the term of the permit; and

8. The amount of the required security deposits to be made, if any. The amount and form of such deposits shall be set by the director, based upon the estimated cost to the city of administration, engineering, field inspection and other services required.

(Prior code § 5400(e), (f))

If the director finds that any of the facts set forth in Section 12.08.060 are not present, he or she shall refuse to issue the permit.

(Prior code § 5400(g))

The director shall give written notice to the applicant and others advising the same of his or her decision regarding a permit application.

(Prior code § 5400(h))

Any decision of the director with regard to the issuance, refusal to issue, or conditional issuance of a permit shall be final and conclusive on the tenth day after the giving of written notice thereof to the applicant in the absence of an appeal filed in the time and manner set forth in Section 5.16.060 of this code. Such appeals shall be processed and heard as prescribed in Section 5.16.060 except that no filing and processing fee shall be required.

(Prior code § 5400(i))

The director shall revoke a permit after its issue if he or she finds:

A. The operations thereunder are not being conducted in compliance with the provisions of this chapter, the conditions of issuance, and all applicable laws; or

B. The operations, as conducted, constitute a public nuisance or present an unwarranted possibility of injury to persons or property. In such case, the director shall issue, and give notice of, an order of suspension in the manner set forth in Section 5.16.070 of this code. Such an order shall be effective, and subject to the appeal process, in the time and manner set forth in Section 5.16.070; or

C. The applicant for a permit falsified information on the permit application.

(Prior code § 5400(j))

Permits issued under the authority of this chapter are nontransferable.

(Prior code § 5400(k))

A. Every person who commences any activity or work regulated by this chapter must comply with the provisions of this chapter; the provisions of this chapter, the provisions of the specifications and all codes referred to by this chapter, shall be deemed to be conditions of approval imposed upon each.

B. All persons shall obey and comply with every order, decision, direction or rule made or presented by the director in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility, regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility.

(Prior code § 5400(l))

If the director ascertains that the work has been completed according to the requirements of the permit issued therefor and of all applicable laws, he or she shall issue, if requested so to do by the permittee, a certificate of completion which shall contain a statement of the location, nature and extent of the work performed under the permit.

(Prior code § 5400(m))

Whenever a permit is issued pursuant to this article, which involves the excavation in or encroachment on a street or highway and such street or highway has been reconstructed within any of the timeframes set forth below, the permit shall be conditioned to require the permittee to reconstruct the street or highway according to the following provisions:

A. The permittee shall reconstruct the entire street within the limits of the longitudinal excavation for:

1. Asphalt streets which have been reconstructed less than three years immediately preceding the permit issuance; and

2. Concrete streets which have been reconstructed less than 10 years immediately preceding the permit issuance.

B. Permittee shall reconstruct the half street within the limits of the longitudinal excavation for:

1. Asphalt streets which have been reconstructed between three to five years immediately preceding the permit issuance; and

2. Concrete streets which have been reconstructed between 10 to 15 years immediately preceding the permit issuance.

C. The permittee shall reconstruct the lights between the edge of gutter and the longitudinal excavation for:

1. Asphalt streets which have been reconstructed between five to eight years immediately preceding the permit issuance; and

2. Concrete streets which have been reconstructed between 15 to 25 years immediately preceding the permit issuance.

(Prior code § 5400(n))