Grand Terrace Municipal Code Ch. 12.04 Highway Use Permits Generally

These general provisions, rules of construction and definitions shall govern the construction of this Title, unless the provision or the context provides otherwise.

(Ord. 1 § 1(part), 1978: county code § 51.011)

Whenever a power is granted to, or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law or ordinance, by the officer, unless this Title provides otherwise.

(Ord. 1 § 1(part), 1978: county code § 51.012)

Whenever reference is made to any portion of this Title, or any other ordinance or statute, such reference applies to all amendments and additions made as of or after the adoption of the provisions codified in this Chapter.

(Ord. 1 § 1(part), 1978: county code § 51.013)

The present tense includes the past and future tenses, and the future the present. The masculine gender includes the feminine. The singular number includes the plural, and the plural, the singular.

(Ord. 1 § 1(part), 1978: county code § 51.014)

Definitions as used in this title:

A. "Banner" includes any article of display, advertising or decorative matter, including but not limited to Christmas, Easter and other holiday festoons on, over, along or across any highway or highway right-of-way.

B. "Building and/or structure," in addition to the meanings ordinarily ascribed thereto, includes any machine, implement, device, article of manufacture, tree, derrick, stage or other setting, lumber, sash or door, structural steel, dynamo, transformer, generator, press, industrial tooling, 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 California Vehicle Code having a width of ten feet or less. "Building and/or structure" also includes a vehicle or load exceeding the maximum permitted by the California Vehicle Code.

C. "City" means the City of Grand Terrace.

D. "Encroachment" includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this Title, which is placed in, under or over any portion of the highway.

E. "Engineer" means the City Engineer of the City of Grand Terrace.

F. "Highway" means any public roadway, public street, public way or public place in the incorporated territory of the City, owned or maintained by the City, or dedicated to the public for the purpose of travel.

G. "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.

H. "Person" includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, this State, any county, this City and all departments and bureaus thereof, City and County, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit; provided, however, that the above enumeration shall not include the City Engineer or the Building and Safety Department of this City.

I. "Section" means a section of this Title, unless some other ordinance or statute is specifically mentioned.

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

(Ord. 1 § 1(part), 1978: county code § 51.015)

The engineer may issue permits, as provided in this Chapter, authorizing the permittee to do any of the following acts:

A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any highway for any purpose, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the highway;

B. Construct or repair, or cause to be constructed or repaired any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert, or work of any nature, or place, change or renew an encroachment in, over, along, on, across or through any highway, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the highway;

C. Move or cause to be moved over, upon, along or across any highway, any building or structure;

D. Place any banner over, across, on or along any highway;

E. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any highway excepting necessary pruning or trimming to protect persons or property.

F. To construct and maintain minor structures, in the right-of-way adjacent to residential property, such as low fences and retaining walls, walkways, stairs and construction incidentally related to landscape activities such as stepping stones, walking surfaces, planter areas and irrigation systems (see Chapter 12.10, Revocable encroachment permit).

(Ord. No. 304, § 2, 5-9-2017; Ord. 1 § 1(part), 1978: county code § 51.016)

An application for a permit pursuant to the provisions of this Title shall be made in writing and filed with the engineer, accompanied by any deposit required by this Title and an issuance fee established by resolution of the City Council; provided, however, that the United States, the State of California, the County of San Bernardino or any county in the State, this City or any municipal corporation, school district or other public district or public body, upon filing a written guarantee of payment of all costs for which they may become liable to the City, shall not be required to make the deposit or issuance fee. The filing of an application or the issuance of a permit pursuant to this Section shall not be deemed a waiver of any right or claim of right by the applicant or permittee.

(Ord. 1 § 1(part), 1978: county code § 51.018)

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

(Ord. 1 § 1(part), 1978: county code § 51.019)

The permittee shall perform all work in accordance with plans, if plans are made, and specifications referred to in the permit, to the satisfaction of and under the supervision of the engineer.

(Ord. 1 § 1(part), 1978: county code § 51.0110)

Except as otherwise provided in this Title, the engineer shall not issue any permit until all deposits and issuance fees have been paid.

(Ord. 1 § 1(part), 1978: county code § 51.0111(a))

The issuance fees required by the provisions of this Title are for the purpose of defraying the cost of issuing the requested permit. No part of any issuance fee may be refunded to any applicant.

(Ord. 1 § 1(part), 1978: county code § 51.0111 (b))

Issuance fees and charges for repairs, inspection or engineering collected under the provisions of this Title shall be deposited in the respective funds from which the corresponding disbursements are made.

(Ord. 1 § 1(part), 1978: county code § 51.0111(c))

At the request of the permittee who maintains with the engineer a general deposit as provided in Chapter 12.20, the engineer may waive the requirements covering prepayment of the issuance fees and bill the permittee for issuance fees covering permits issued subsequent to such request, provided that the amount of the deposit is sufficient to cover the fees and to provide for the other contingencies for which it is given. The engineer may revoke such waiver at any time and must revoke the waiver if the permittee fails to pay his bill for fees within the required time.

(Ord. 1 § 1(part), 1978: county code § 51.0111(d))

In lieu of making any special deposit required by this Title, the applicant may make and maintain with the engineer a general deposit in an amount estimated by the engineer to be sufficient to pay for the cost of permit issuance fees and expected repairs or costs occasioned by the future acts of the applicant for which a permit has been issued. The general deposit shall be held and used for the same purposes as any special deposit prescribed by this Title would have been used.

(Ord. 1 § 1(part), 1978: county code § 51.0111(e))

In lieu of making either a general or special deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the engineer in a penal sum of not less than $500.00. The undertaking shall be in compliance with Section 995.010 et seq. of the Code of Civil Procedure.

(Ord. No. 330, § 36, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 51.0111(f))

While a general deposit is maintained, or while an undertaking is filed, either or both of which are of an amount sufficient to cover the amount of any special deposit required by this Title, the applicant need not make any special deposit.

(Ord. 1 § 1(part), 1978: county code § 51.0111(g))

If, in the opinion of the engineer, any special or general deposit, or any undertaking or any combination thereof, is not sufficient for the proper protection of the public interest in the highways including any trees thereon, the engineer may require either an additional deposit or an increase in the amount of the bond in such amount as he determines will be sufficient to protect such public interest.

(Ord. 1 § 1 (part), 1978: county code § 51.0111(h))

A. Where any deposit is determined to be insufficient to pay all fees and costs provided for in this Title, the permittee shall, upon demand, pay to the engineer an amount equal to the deficiency.

B. Where the permittee fails or refuses to pay the deficiency upon demand, the engineer may recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no permit shall be issued to such permittee.

(Ord. 1 § 1(part), 1978: county code § 51.0111(i))

If the applicant for a permit complies with every provision of this Title and with all applicable provisions of all other ordinances and statutes, the engineer shall issue to the applicant a written permit to perform the work set forth in the application. Upon the issuance of such permit the application shall become a public record.

(Ord. 1 § 1(part), 1978: county code § 51.0112 (a))

Where the engineer grants the waiver provided for in Section 12.04.130, he shall bill the permittee at the end of each month for all permits issued during that month, and the permittee shall pay the bill not later than the last day of the following month. The engineer may in his discretion accept a personal check in payment of such bill, provided the check is received by the engineer not later than the 15th day of the month following the month covered by the billing. The acceptance of the check constitutes a payment of such bill when, but not before, the check is duly paid. All such checks shall be deposited daily by the engineer with the City Treasurer.

(Ord. 1 § 1(part), 1978: county code § 51.0112(b))

A. Any permit authorized under any of the provisions of this Title may be issued subject to such conditions, changes and limitations as are, in the discretion of the engineer, necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within, upon or adjacent to the highways from damage or danger.

B. The engineer may issue a single permit for any number of excavations which are part of a single project and may also issue a single annual permit for service connections. Either permit may be exercised by giving not less than forty-eight hours' notice to the engineer on a form to be prescribed by the engineer before work is commenced.

(Ord. 1 § 1(part), 1978: county code § 51.0112(c))

Any permit issued by the engineer under any of the provisions of this title, or the conditions to which it has been made subject, may be amended or changed if the engineer deems such amendment or change to be necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within, upon or adjacent to the highways from damage or danger. Notification of the amendment or change shall be made by the engineer either by mailing written notice to the permittee at the address indicated on his application for the permit, or by making personal service of the written notice upon the permittee. The amendment or change shall be effective either twenty-four hours after the written notice is deposited in the United States mail, or immediately upon completion of personal service.

(Ord. 1 § 1(part), 1978: county code § 51.0112(d))

Every permittee shall complete the work within the time required by the permit. Permits issued under this chapter shall be valid only for the period of time specified in the permits, unless the engineer grants a time extension.

(Ord. 1 § 1(part), 1978: county code § 51.0112(e))

The engineer may refuse to issue permits or may revoke any outstanding permits issued before or after the effective date of the ordinance adopting these provisions, or any portion thereof, where the work has not been started, when the work authorized by the permits, or such portions thereof, is included in the proposed work to be done by any existing assessment district or by any proposed assessment district for which formation proceedings have been instituted by the city council.

(Ord. 1 § 1(part), 1978: county code § 51.0112(f))

Permits issued pursuant to this title are nontransferable.

(Ord. 1 § 1(part), 1978: county code § 51.0112(g))

Every permit granted pursuant to the provisions of this title shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used.

(Ord. 1 § 1(part), 1978: county code § 51.0112(h))

On each application the applicant shall sign a statement that he 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 his negligence or the negligence of his agents, servants, employees or contractors in the design or performance of any work under any permit granted pursuant to the application.

(Ord. 1 § 1 (part), 1978: county code § 51.0113)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the engineer in writing on a form prescribed by the engineer.

(Ord. 1 § 1(part), 1978: county code § 51.0114)

A. The engineer may require any person who, pursuant to a duly issued permit under this title, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the engineer, whenever such move is necessary to ensure the safety of the traveling public or to permit the improvement of the highway, and may require the application to contain a signed statement by the applicant to this effect; provided, however, that the foregoing requirement shall not apply to any right which has been continuously exercised since a time prior to the date when such portion of the highway became part of a public highway, or which right exists by virtue of a document recorded prior to such date in the office the county recorder of San Bernardino County, California, provided that such right has not (in either case) been subordinated by a document recorded in such office to the right of the public to maintain such portion of the highway. The engineer shall not require the applicant to move or change the location of the construction work or encroachments for a temporary purpose. The engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion.

B. In the event the permittee fails to comply with any such demand, the construction work or encroachment specified in the demand may be removed by the engineer, and the cost thereof may be recovered from the permittee.

(Ord. 1 § 1 (part), 1978: county code § 51.0115)

No person shall place or pile any material in or upon any highway or leave any obstruction or impediment to travel in or upon any highway without a permit to do so.

(Ord. 1 § 1(part), 1978: county code § 51.0116)

A person shall not prevent or obstruct the engineer, or his duly authorized representative, in making any inspection authorized by this title or in taking any sample or in making any test.

(Ord. 1 § 1(part), 1978: county code § 51.0117)

The permittee shall comply with the Housemoving Rules and Regulations, County of San Bernardino, as amended, except to the extent that such rules and regulations are expressly modified or deleted in the permit.

(Ord. 1 § 1(part), 1978: county code § 51.0120)

Every person is guilty of a misdemeanor who violates any provision of this chapter or any permit issued pursuant to the provisions of this chapter, or who fails or neglects to comply with any requirement of this chapter, or who does any of the acts specified in Section 12.04.060 for which a permit is required, without first obtaining a permit from the city engineer so to do. Such person is punishable as provided in Chapter 1.16 of this code.

(Ord. 1 § 1(part), 1978: county code § 51.017)