Hemet Municipal Code Art. VI Oversize Vehicles and Overweight Loads

Footnotes:

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Cross reference— Moving buildings, § 14-201 et seq.; mobile homes, § 14-331 et seq.; traffic and vehicles, ch. 78; designated routes for vehicles over 14,000 pounds in weight, § 78-61.

(a) Every person, except as otherwise provided in this article, is required to obtain a permit from the director of public works before he moves or causes to be moved any load along or across any city street. For purposes of this section, the term "load" means any object or thing, including a vehicle or combination of vehicles, which, when travelling along or across any city street, is required to have a special permit pursuant to the Vehicle Code, and includes but is not limited to any oversize or overweight vehicle, house, vessel, machine, equipment, transformer, tree, boat, airplane and mobile home.

(b) It is not intended that the director of public works issue a permit to move any load when the weight or size of the load plus the weight or size of the vehicle or other equipment exceeds limitations of the Vehicle Code, except where it is impractical to change the physical characteristics of the load. The director of public works may issue a permit to move such load, where he has determined that it is not in conflict with the public interest to do so.

(c) The fact that an oversize vehicle is duly registered does not imply that a permit must be issued, or exempt from such load from the necessity of securing a permit to operate on any city street. The permits must be secured and in the possession of the operator before the vehicle may be legally operated.

(Ord. No. 709; Code 1984, § 13300)

A person shall not obstruct the director of public works in making any inspection to determine compliance with the conditions of a permit issued under this article.

(Ord. No. 709; Code 1984, § 13301)

Whenever this article requires a permittee to perform any work, take any action or be liable for any fees or costs, such requirement applies to any person who commences any work or movement for which a permit is required, whether such person obtains a permit or not.

(Ord. No. 709; Code 1984, § 13302)

A permittee under this article shall make the permit available for inspection by the director of public works or by any peace officer or other public officer or employee having responsibility for safety or maintenance of the city streets. Each permit for moving must be in or attached to the vehicle or combination of vehicles to which it refers. In cases where a building or structure is moved in more than one section at the same time, on each section on which the original permit is not attached there shall be affixed a true copy of the original permit.

(Ord. No. 709; Code 1984, § 13303)

The director of public works, for cause, may cancel a permit issued under this article unless the permitted activity is commenced within the time specified and is diligently prosecuted to completion.

(Ord. No. 709; Code 1984, § 13304)

A permittee under this article shall investigate and be aware of all existing facilities lawfully within the city streets which are within the limits of his activity. The permittee shall not interfere with any such existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be arranged for by the permittee, to be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee.

(Ord. No. 709; Code 1984, § 13305)

Every permittee under this article shall obey and comply with every order, decision, direction or rule of the director of public works in the matters specified in the permit or other matters relating to the permitted use of a city street, and shall do everything necessary to secure compliance therewith by officers, agents and employees of the permittee.

(Ord. No. 709; Code 1984, § 13306)

(a) The director of public works shall cause to be prepared regulations for use in compliance with this article. Such regulations shall make such requirements as are necessary to protect the public and cause the public the least possible inconvenience; provide for appropriate methods of protecting surface, subsurface and overhead utilities within a city street or adjacent thereto; provide for protection of the finish surface, base and subbase of city streets; provide for the protection of private and public property adjacent to city streets; provide for any necessary temporary relocation of any utilities or other property within a city street; provide for repair, at the expense of the permittee, of any improvement which is damaged by reason of an act of permittee, whether or not such an act is in accordance with his permit; provide a method of designating which city streets are to be used, and at what time, for the movement of particular loads; and provide for the collection of permit fees and for the collection and disbursement of any deposit which may be required.

(b) The director of public works shall have in his office copies of such regulations and this article for inspection by the public and for distribution to the public, which may be sold at cost.

(Ord. No. 709; Code 1984, § 13307)

Application for a permit under this article shall be made in writing to the director of public works, on the forms provided or approved by him.

(Ord. No. 709; Code 1984, § 13308)

On each application for a permit under this article, the applicant or his agent shall sign a statement that the applicant agrees to preserve and save harmless the city and its officers and employees from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as the proximate result of his activities pursuant to the permit applied for, including wrongful or accidental death.

(Ord. No. 709; Code 1984, § 13309)

A permittee under this article shall protect all street improvements and other facilities within the city streets by methods satisfactory to their owners. An owner has the right to support or protect any of his facilities at the sole expense of the permittee. In case any street or other facility is damaged, it 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, at the permittee's expense.

(Ord. No. 709; Code 1984, § 13310)

Each permit issued under this article shall specify the duration of the permit. The director of public works may extend the time, in which event the permit shall be so endorsed.

(Ord. No. 709; Code 1984, § 13311)

Repetitive use permits, renewable periodically, may be issued under this article to cover more than a single move. The director of public works may revoke such permit if the permittee fails to comply with any of the provisions of this article. The issuance of a repetitive use permit does not relieve the permittee from making such reports of activity under the repetitive use permit as may be required by the director of public works or from paying for inspections, repairs and other costs incurred by the director of public works due to the permittee's activity.

(Ord. No. 709; Code 1984, § 13312)

Permits issued under the authority of this article are nontransferable.

(Ord. No. 709; Code 1984, § 13313)

The city council shall from time to time, by resolution, establish fees for the issuance of permits under this article and the minimum amount of insurance or bonds to be required by the director of public works in conjunction with the issuance of permits.

(Ord. No. 709; Code 1984, § 13314)

Except as otherwise provided, the permittee shall pay for all the city's costs relating to a permit issued under this article, including but not restricted to the following:

(1) The permit issuance fee.

(2) Costs of engineering, inspection, transportation and tests.

(3) Costs of repairing or restoring the city streets and alteration, removal, replacement and repair of all appurtenant facilities, including utilities, to the same or equal condition as they were before damage as a result of the permittee's activities.

(4) Costs of furnishing or maintaining any lights, barricades or warning devices.

(5) Costs of alteration, removal, replacement or repair to traffic signals and devices or the removal of temporary or permanent traffic stripes, and any other expense for traffic control.

(6) Costs of removing or remedying any hazardous conditions, and tree trimming.

(Ord. No. 709; Code 1984, § 13315)

Issuance fees and charges collected under the provisions of this article shall be deposited in the respective funds from which corresponding disbursements were made.

(Ord. No. 709; Code 1984, § 13316)

The following shall be exempt from paying the permit issuance fee required by this article: the United States, this state, any county, any city, any school district, any other districts organized under state law, and any permittee who has previously paid such a fee in connection with a state or county permit relative to the move for which the permit is being sought.

(Ord. No. 709; Code 1984, § 13317)

Whenever any costs are to be charged to a permittee under this article and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including applicable indirect costs, as determined in accordance with current practice for charging for work performed for the public.

(Ord. No. 709; Code 1984, § 13318)

The director of public works may issue a permit under this article without any inspection fee or deposit for work which will be inspected by a qualified government agency which will furnish evidence that the work will be inspected and will comply with standards required by the city. If an applicant receives such a permit and the government agency fails to make the inspection or fails to file the evidence as required, the director of public works may inspect the work, and the permittee shall pay the actual cost of such inspection and any remedial work.

(Ord. No. 709; Code 1984, § 13319)

Every applicant for a permit under this article, other than public entity organizations listed in section 66-168, shall be required to provide a cash deposit or other adequate security as determined by the director of public works, to guarantee payment of fees, costs and charges due or which may become due under this article, whenever, in the opinion of the director of public works, the city will incur costs in conjunction with a particular permit not reasonably covered by the permit fee, or if the permittee does not fulfill all of the permit requirements, or where the nature of the particular application is such that it can reasonably be anticipated that the city will suffer costs in conjunction with the move. Agencies exempt from such deposits are not relieved of payment of all costs incurred by the city by reason of a move.

(Ord. No. 709; Code 1984, § 13320)

A cash deposit required by this article may be in the form of a special deposit for each permit, or in the form of a general cash deposit to be maintained as security for all the permits issued to an applicant.

(Ord. No. 709; Code 1984, § 13321)

In lieu of a general cash deposit, the director of public works may accept from an applicant for a permit under this article other types of security such as a surety bond and other approved security.

(Ord. No. 709; Code 1984, § 13322)

The director of public works shall bill a permittee under this article or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this article. The remainder of any deposit shall be refunded. A permit issuance fee may be refunded when a permit has been issued as a result of error not made by the permittee.

(Ord. No. 709; Code 1984, § 13323)

Every person who operates a vehicle, moves a load or performs work regulated under this article without first obtaining a permit from the director of public works, or, having a permit, fails to comply with this article and applicable rules and regulations, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs. Such misdemeanor is punishable in accordance with section 1-8.

(Ord. No. 709; Code 1984, § 13324)

Notwithstanding anything else to the contrary contained in this article, prior to the issuance of any permit by the director of public works as provided for in this article, any applicant for such a permit shall first obtain from the community development director a building permit whenever such a permit is otherwise required by applicable law.

(Ord. No. 709; Code 1984, § 13325)