Calimesa Municipal Code Art. II General Provisions

In the conduct of any encroachment work, supplies and excavated material shall be properly placed, and the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs, and watchmen, as are necessary to protect the public. Any omission on the part of the director to specify in the permit what safety devices shall be provided by, or preventative action required of, the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons or property under the circumstances. If the director finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee the actual costs of such work.

(Code 1990 § 7.4.201; Ord. 95-5 § 1)

A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the persons, and at not more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way is made safe for use.

(Code 1990 § 7.4.202; Ord. 95-5 § 1)

All safety devices shall conform to the requirements of the sign manual issued by the Department of Public Works of the state, the Vehicle Code, and the Work Area Traffic Control Handbook, so far as such manuals are applicable, and shall further conform to any additional requirements of the director specific to the proposed project.

(Code 1990 § 7.4.203; Ord. 95-5 § 1)

If, in the judgment of the director, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the director shall assign an inspector, and the permittee shall pay the city in accordance with the schedule of charges adopted by the council. This section shall be applicable to all permittees, including special districts, other political subdivisions, and utilities.

(Code 1990 § 7.4.204; Ord. 95-5 § 1)

No person shall obstruct the director, or his duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test.

(Code 1990 § 7.4.205; Ord. 95-5 § 1)

Whenever this chapter requires a permittee to perform work, take any action, or be liable for any fee or cost, such requirement also shall apply to any person who commences any work for which a permit is required by this chapter, whether such person obtains such permit or not.

(Code 1990 § 7.4.206; Ord. 95-5 § 1)

Any person commencing any work for which a permit is required by this chapter without first having obtained a permit therefor shall stop the work immediately and apply for such permit. Failure to stop work and to obtain a proper permit constitutes a violation of this chapter, subject to all penalties therefor.

(Code 1990 § 7.4.207; Ord. 95-5 § 1)

Every permit issued pursuant to this chapter for activity or work in, along, on, over, across or under a street or right-of-way shall be granted subject to the right of the city, or of any other person entitled thereto, to use that part of such street or right-of-way for any purpose for which such street may lawfully be used. Proof of the applicant’s right to use the street or right-of-way for the purposes set forth in the application shall be filed with the director.

(Code 1990 § 7.4.208; Ord. 95-5 § 1)

All work shall be performed in accordance with the Standard Specifications for Public Works Construction, including revisions, or according to the plans and specifications referred to in the permit and, in addition, any special requirements and/or specifications which are made a part of the permit. In the event of conflict between two specifications, the higher or more stringent or restrictive specification shall apply, as determined by the director.

(Code 1990 § 7.4.209; Ord. 95-5 § 1)

No change may be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit, except on written authorization by the director.

(Code 1990 § 7.4.210; Ord. 95-5 § 1)

The permittee shall make the permit available for inspection by the director, or his representative, or by any peace officer or other person having responsibility for safety or maintenance of a street. Each permit for moving shall be in or on the vehicle or combination of vehicles to which the permit refers.

(Code 1990 § 7.4.211; Ord. 95-5 § 1)

The director may refuse to issue a permit under the following conditions:

A. When he finds that it is not in the best interests of the general public to do so;

B. When he finds that it will be detrimental to the public health, safety or welfare; and

C. When the permit application does not comply with city standards and specifications as set forth herein.

(Code 1990 § 7.4.212; Ord. 95-5 § 1)

A permit may be canceled by the director for any of the following reasons:

A. When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

B. For failure on the part of the permittee to comply with all of the requirements of the permit; and

C. For failure on the part of the permittee to provide for the public safety.

(Code 1990 § 7.4.213; Ord. 95-5 § 1)

Upon the completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way, including bridges and any other structure thereon, by replacing, repairing, or rebuilding the right-of-way in accordance with the specifications or any special requirement, but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way to a safe and usable condition, as directed by the director. Where an excavation occurs within an area already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled. In the event that the permittee fails to act promptly to restore the right-of-way as provided in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director, at his option, may make the necessary restoration. The permittee shall reimburse the city for any such restoration in accordance with the schedule of charges adopted by the city council.

(Code 1990 § 7.4.214; Ord. 95-5 § 1)

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface and, in no event, to a thickness less than five inches of asphalt or three inches of asphalt on a four-inch base.

(Code 1990 § 7.4.215; Ord. 95-5 § 1)

Where the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.

(Code 1990 § 7.4.216; Ord. 95-5 § 1)

Where the structural street or sidewalk section removed varies from or exceeds the average existing section, the director may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

(Code 1990 § 7.4.217; Ord. 95-5 § 1)

In those instances where the permittee’s excavation is within an area of street to be reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement, the director may waive such resurfacing.

(Code 1990 § 7.4.218; Ord. 95-5 § 1)

The permittee shall investigate and be aware of all existing facilities lawfully within the streets or rights-of-way which are within the limits of the proposed activity by utilizing a regional underground facilities coordination agency (such as the Underground Service Alert). The permittee shall not interfere with any existing public or private facility without the written consent of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee, unless other arrangements are made in writing with the owner of the facility, or unless the owner is required by its franchise or agreement to move its facility without cost.

(Code 1990 § 7.4.219; Ord. 95-5 § 1)

The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner shall have the right to support or protect any of its facilities at the sole expense of the permittee. In the event any such wires, cables, pipes, conduits, poles, or apparatus should be damaged (and, for this purpose, pipe coating or other encasement of devices is considered as part of the structure), they 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. The expense of repairs to or the maintenance of any damaged facility shall be borne by the permittee.

(Code 1990 § 7.4.220; Ord. 95-5 § 1)

No structure/equipment-moving contractor shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any street, and it is determined that the height, width, or weight of such load exceeds the height, width, or weight as stated in the permit, and property damage results therefrom, the director is authorized to withhold any other permit from the violator until he produces evidence satisfactory to the director that each additional permit load complies with all the dimensions and weight as shown upon the application and that the load will not interfere with any public utility.

(Code 1990 § 7.4.221; Ord. 95-5 § 1)

Where the location or position of an encroachment impairs visibility to vehicular traffic, the director may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or Traffic Manual of the state, or the director may require the encroachment to be relocated at the sole expense of the permittee. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies, or dangerously impairs the sight distance for safe pedestrian vehicular traffic.

(Code 1990 § 7.4.222; Ord. 95-5 § 1)

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 attachment, or by any other matter in any way relating to or affecting the use of the street or right-of-way, 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 of the state, 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 of the state applicable to such public utility.

(Code 1990 § 7.4.223; Ord. 95-5 § 1)

The city may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety or welfare.

(Code 1990 § 7.4.224; Ord. 95-5 § 1)

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its preexisting condition, unless the director permits otherwise.

(Code 1990 § 7.4.225; Ord. 95-5 § 1)

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public.

(Code 1990 § 7.4.226; Ord. 95-5 § 1)

A. Spilling of Substances from Vehicle. No person, while carrying, hauling or moving any dirt, trash, garbage, sawdust, sand, gravel or other loose substance upon, along or over any street in the city, shall allow or permit any such dirt, trash, garbage, sawdust, sand, gravel or other such substance to fall, sift, leak, spill or go upon such street.

B. Water on Streets. All water which is caused or suffered to run across or upon any sidewalk, street, alley or right-of-way in such a manner as to cause damage or create a safety hazard to any vehicle or pedestrian traveling the same is declared to be a nuisance.

C. Merchandise Obstructing Streets and Sidewalks. Placing or keeping or permitting to be placed or kept on the sidewalks, pavements or right-of-way of any streets in the city of any goods, wares or merchandise, boxes, vehicles, lumber, bricks, dirt, sand, firewood or any other article or thing is declared to be a nuisance, unless the proper permits have been obtained.

D. Leaving Goods upon the Sidewalk. It is unlawful to allow any goods, wares, furniture or merchandise, baggage, equipment or freight of any kind to be or remain upon any public sidewalks, pavements or rights-of-way of the city for any period of time in excess of 10 minutes, except when the same is in actual process of being loaded into or discharged from a vehicle, unless the proper permits have been obtained.

Nothing in this chapter shall prohibit the unloading of goods, wares or merchandise on any public sidewalk or right-of-way where the goods, wares and merchandise do not constitute an obstruction to public passage and are removed in a reasonable time.

(Code 1990 § 7.4.227; Ord. 95-5 § 1)

The provisions of this article shall apply to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains, culverts, street lights or lighting systems, or other appurtenance structures.

(Code 1990 § 7.4.301; Ord. 95-5 § 1)

If, in the opinion of the director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require that the application be accompanied by the necessary plans, which plans shall be prepared by a competent licensed engineer.

(Code 1990 § 7.4.302; Ord. 95-5 § 1)

Before a permittee performs any work prescribed in this chapter, he shall obtain from the city the approved lines and grades therefor.

(Code 1990 § 7.4.303; Ord. 95-5 § 1)

Driveways shall be constructed of cement concrete where a cement concrete curb exists.

(Code 1990 § 7.4.304; Ord. 95-5 § 1)

A driveway shall not be constructed or maintained where fences, buildings, natural grades, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway.

(Code 1990 § 7.4.305; Ord. 95-5 § 1)

The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the street. The width of an individual driveway or aggregate widths shall be as prescribed in the adopted city standards.

(Code 1990 § 7.4.306; Ord. 95-5 § 1)

The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be 25 feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be a minimum of three feet.

(Code 1990 § 7.4.307; Ord. 95-5 § 1)

Where topographical or traffic conditions are such that a modification of the provisions of CMC §§ 12.20.360, 12.20.660, 12.20.670 or 12.20.680 is necessary for the promotion of traffic safety, and the director so finds, he may permit a deviation from the provision of said sections to the extent he finds necessary.

(Code 1990 § 7.4.308; Ord. 95-5 § 1)

The provisions of this article apply to permits for the making, or causing to be made, of excavations in any public right-of-way and for the placing, constructing, repairing, changing, or removing of encroachments.

(Code 1990 § 7.4.401; Ord. 95-5 § 1)

Each applicant for an excavation or encroachment permit shall file with the application a plat showing the streets and/or rights-of-way in which the proposed excavations or encroachments will be placed, together with the exact location and dimensions of the proposed excavations or the specifications and characteristics of the encroachments, together with any other details which the director requires. When excavations are made for service connections or for the location of trouble in conduits, cable, or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records.

(Code 1990 § 7.4.402; Ord. 95-5 § 1)

All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit the proper storage of materials, the director may require that the permittee remove the materials from the encroachment site.

(Code 1990 § 7.4.403; Ord. 95-5 § 1)

A line or elevation shall not be removed or disturbed or a monument set for the purpose of preserving survey points without first obtaining permission from the director. The replacement of a removed or disturbed monument shall be done by a registered civil engineer or a licensed land surveyor and shall be at the expense of the permittee.

(Code 1990 § 7.4.404; Ord. 95-5 § 1)

In any trenching operation, the open trench shall not be in excess of one day’s work ahead of the trench work proper, unless specifically authorized by the director.

(Code 1990 § 7.4.405; Ord. 95-5 § 1)

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the director.

(Code 1990 § 7.4.406; Ord. 95-5 § 1)

No open excavation shall be left within the city road right-of-way after normal working hours. At the end of each workday, all excavations within roads, parkways, medians, shoulders, and the like shall be backfilled to a smooth, level grade free of humps or depressions, satisfactory for public use and acceptable to the city, or covered by trench plates if approved by the director.

(Code 1990 § 7.4.407; Ord. 95-5 § 1)

Temporary trenches shall be consistently maintained by the permittee or contractor during and after working hours to ensure a satisfactory surface for public use and acceptable to the city. Unless permanent paving is placed immediately, temporary bituminous resurfacing two inches thick shall be placed and continually maintained wherever an excavation is made through pavement, sidewalks, or driveways.

(Code 1990 § 7.4.408; Ord. 95-5 § 1)

Trench backfill material, compaction, and resurfacing shall conform to the “Standard Specifications for Public Works Construction” (Greenbook) as adopted by Chapter 12.05 CMC. Compaction testing and a written compaction report by a registered civil engineer shall be provided by the permittee or contractor as directed by the city. Saw cutting shall be required on all trenches prior to final paving.

(Code 1990 § 7.4.409; Ord. 95-5 § 1)

The permittee or contractor shall provide, and continually maintain, construction area traffic control signs, striping, properly equipped flagmen, and other traffic control devices. All traffic controls shall be in accordance with the State of California Department of Transportation Traffic Manual (most recent edition). Failure to provide acceptable traffic control or to comply with any other condition of the permit will result in a job shutdown until released by the city.

(Code 1990 § 7.4.410; Ord. 95-5 § 1)

All improvements within the road right-of-way, which include road signs, road striping, road symbols, and the like, which are damaged, removed, or obliterated as a result of the permittee’s work shall be repaired and/or replaced. Repairs and replacements shall be equal to, or better than, the existing improvements and shall match them in finish and dimensions.

(Code 1990 § 7.4.411; Ord. 95-5 § 1)

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than three inches. The base course removed shall be replaced with processed base material to the same thickness as that of the surrounding base course, but in no event less than four inches. Asphalt may be substituted for the required processed base material on a ratio of one inch of asphalt for each two inches of required base thickness. When the street surface has been treated with a seal or slurry prior to the work under the permit, the seal and/or slurry shall be replaced upon the portion repaired. Shoulders shall be restored and/or treated with like materials. When the permitted work causes disturbance of 30 percent of a street or intersection, or for trenches 300 feet or more in length, the permittee may be required to overlay an area larger than the work area utilizing a self-propelled paving machine.

(Code 1990 § 7.4.412; Ord. 95-5 § 1)

See CMC § 12.20.530.

(Code 1990 § 7.4.413; Ord. 95-5 § 1)

See CMC § 12.20.540.

(Code 1990 § 7.4.414; Ord. 95-5 § 1)

No materials, equipment, or the like shall be left within the right-of-way without prior approval by the director. Approval shall be indicated in writing on the encroachment permit. Equipment and materials permitted within the right-of-way shall be stored as far as practicable from the edge of the pavement, with blinker light barricades if left over-night.

(Code 1990 § 7.4.415; Ord. 95-5 § 1)

Any deviation from the conditions set forth in this article shall require prior approval by the director.

(Code 1990 § 7.4.416; Ord. 95-5 § 1)

Laterals, services and other small-diameter pipes shall be jacked, bored, or driven beneath a paved surface unless other methods are approved by the director.

(Code 1990 § 7.4.417; Ord. 95-5 § 1)

The minimum cover over any pipe or conduit installed under any public street shall be 30 inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be 30 inches of material measured from the surface of the nearest outermost edge of the travelled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum 16 inches of cover, starting one foot back from the curb line in the parkway or sidewalk areas. The director may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided, or where the director determines that special construction techniques will be employed which will preclude the need for greater depth and will produce a more beneficial installation.

(Code 1990 § 7.4.418; Ord. 95-5 § 1)

With the permittee’s concurrence or as an emergency measure, the director shall have the power to order the paving of any excavation up to 100 feet in length. The permittee shall reimburse the city for the actual costs of such work.

(Code 1990 § 7.4.419; Ord. 95-5 § 1)

Immediately after the completion of the work, the permittee shall clean up and remove all materials, earth, and debris of any kind. If the permittee fails within 24 hours after having been notified to do so by the city, the work may be done by the city and the permittee charged for the costs incurred. When a pole, guy-stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(Code 1990 § 7.4.420; Ord. 95-5 § 1)

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction, or tunnel placed in an excavation or encroachment for which a permit is issued interferes with the future surface use of the street/right-of-way by the general public, then the applicant and his successors or assigns, at their own expense, shall remove or relocate to a location satisfactory to the director such tank, pole, pipe, cable, conduit, duct, tunnel, or obstruction. The statement signed by the applicant will not apply in cases where the applicant has an easement superior to the street/right-of-way easement at the time of the application and can furnish evidence when required of such superior easement.

(Code 1990 § 7.4.421; Ord. 95-5 § 1)

Nothing in this article shall prohibit any person from maintaining by virtue of any law, ordinance, or permit any pipe, cable, or conduit in any streets or public rights-of-way or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day.

(Code 1990 § 7.4.422; Ord. 95-5 § 1)

The director shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in streets and/or rights-of-way when all power and telephone lines are underground and shall also require underground installations in all instances, except where the applicant provides satisfactory proof of permission to use existing pole lines or where the director finds that the remoteness of the area or other conditions render an underground installation impractical or infeasible.

(Code 1990 § 7.4.423; Ord. 95-5 § 1)

The director may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the street and/or public right-of-way or with holders of other permits.

(Code 1990 § 7.4.424; Ord. 95-5 § 1)

The applicant for a permit to plant trees or other plants in the right-of-way shall show in his application, or by sketch, the proposed location and the kind of plants. No change shall be made in either the location or kind without the approval of the director. Upon planting trees or other plants or landscaping in the right-of-way, such trees or other plants shall become the property of the city.

(Code 1990 § 7.4.501; Ord. 95-5 § 1)

The director may refuse to issue a permit authorizing the planting of trees or other plants or landscaping in the right-of-way when, in his/her opinion, the location, the nature of growth, or the kind of tree, shrub, or other plant will be deleterious to the public right-of-way, will unduly disturb the right-of-way, or in any way will impede construction or the maintenance of facilities.

(Code 1990 § 7.4.502; Ord. 95-5 § 1)

The trimming of trees in the public right-of-way shall be permitted only when and in the manner authorized by a permit so that the shapeliness of the tree may be preserved. The removal of nonhazardous live trees shall require council approval; dead or hazardous trees may be removed at the discretion of the director. The removal of trees will be approved, and a permit issued, only when a necessity for removal exists. When a tree is removed, the entire stump shall be taken out at least one foot below the existing or proposed subgrade, unless otherwise specified in the permit, and the hole backfilled and compacted. All debris from trimming or removal shall be removed from the site, and the right-of-way shall be restored to its former condition. A suitable replacement tree may be required.

(Code 1990 § 7.4.503; Ord. 95-5 § 1)

It shall be permissible to plant and maintain a lawn or similar ground cover not prohibited by law within the right-of-way of a public street without a permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public street, public sidewalk, nor into the drainage ditches, gutters, or other improved facilities.

(Code 1990 § 7.4.504; Ord. 95-5 § 1)

The public may not be denied the use of the planted area for pedestrian or other lawful uses. The city may use the planted area for any purpose and may issue a permit to any applicant to perform encroachment work pursuant to this chapter. If the lawn or similar ground cover is damaged in the course of an authorized encroachment, the permittee who caused the damage will be responsible for the replacement thereof, unless the permit specifically states otherwise.

(Code 1990 § 7.4.505; Ord. 95-5 § 1)

No hedge, shrub, or other planting and no fence or other structure shall be planted or erected in a right-of-way without a permit, nor shall such hedge, shrub, planting, fence, or other structure be erected or maintained in such manner which unreasonably and dangerously impedes, obstructs, denies, or impairs the sight distance for safe pedestrian or vehicular traffic.

(Code 1990 § 7.4.506; Ord. 95-5 § 1)

The permittee shall maintain hedges and shrubs or other plantings and fences or similar structures in a neat and orderly condition. If the encroachment is not so maintained, the director may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee.

(Code 1990 § 7.4.507; Ord. 95-5 § 1)

Permits for plantings existing on the effective date of the ordinance codified in this chapter shall not be required. However, such existing plantings shall be maintained in accordance with the provisions of this chapter.

(Code 1990 § 7.4.508; Ord. 95-5 § 1)

The provisions of this article shall apply to the use of streets by special vehicles.

(Code 1990 § 7.4.601; Ord. 95-5 § 1)

When so required by the director, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of a vehicle, boards or planks of adequate width and strength to carry the load without being broken to serve as a runway for such dolly or wheel during such moving along or across any portion of any street which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on, or resting on, such surface except upon such board, plank, or runway.

(Code 1990 § 7.4.602; Ord. 95-5 § 1)

The director shall not issue a permit to move any load when the weight of the load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that, if it appears to the director that the size, shape, or physical characteristics of the load, or portion thereof, to be moved makes it impossible or impracticable to keep within such weight limits, the director may issue a permit to move a load on a vehicle, every wheel of which is equipped with pneumatic tires, where the director has determined that such movement will not cause injury to the streets and bridges and appurtenances installed therein or thereunder.

(Code 1990 § 7.4.603; Ord. 95-5 § 1)

When authorized by a permit issued by the Division of Highways of the state or the director to move a vehicle or combination of vehicles, or the load of dimension or weight or other characteristics generally prohibited by law, the permittee shall comply with the general laws regulating travel over a public street, including posted signs or notices which limit speed, direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved on, over, or across, or otherwise restrict or control travel on a public street, unless exempt by special permit.

(Code 1990 § 7.4.604; Ord. 95-5 § 1)

The director may require that the moving of any load or vehicle be under the supervision of any inspector to be appointed by the director, with reimbursement to the city for actual costs.

(Code 1990 § 7.4.605; Ord. 95-5 § 1)

The director is authorized to issue or withhold a permit at his discretion or, if a permit is issued, to limit the number of trips, or establish seasonal or other time limitations within which the vehicles described may be operated on the streets indicated, or otherwise to limit or prescribe conditions of operation of the vehicle, when necessary, to assure against undue interference with traffic or damage to the road foundations, surfaces, or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the streets and bridges from injury, or to provide indemnity for any possible injury resulting from the operation of the vehicles.

(Code 1990 § 7.4.606; Ord. 95-5 § 1)

Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the director shall require evidence or notice of approval of height clearance from the public utility companies having overhead lines crossing the proposed route.

(Code 1990 § 7.4.607; Ord. 95-5 § 1)

Any person aggrieved by the refusal or revocation of a permit, or conditions attached to a permit, may appeal to the council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the director, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his/her appeal. Any person aggrieved by the refusal or revocation of a permit, or conditions attached to a permit, may appeal to the council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the director, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his/her appeal.

(Code 1990 § 7.4.701; Ord. 95-5 § 1)

The city clerk shall set the matter for a hearing within 30 days after the notice is filed and shall notify the applicant and the director of the setting.

(Code 1990 § 7.4.702; Ord. 95-5 § 1)

At the hearing, the applicant shall establish to the satisfaction of the council that he is entitled to the issuance of a permit pursuant to this chapter or the reinstatement of a permit previously revoked. The director may present his grounds for maintaining conditions or the denial or revocation of the permit. The decision of the council shall be final.

(Code 1990 § 7.4.703; Ord. 95-5 § 1)