Chapter 12.08 — HIGHWAY PERMITS

Every person is guilty of a misdemeanor who, before obtaining a permit from the County Road Commissioner to do so:

• A. Moves or causes to be moved along any highway any building or structure.

• B. Makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway.

• C. Constructs, reconstructs or repairs any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. This subsection does not apply if such installation is made by the State, any County, City and County, municipality, district or other political subdivision.

• D. Constructs, reconstructs, repairs, or maintains any canopy. (Prior code § 38-4)

Application for a highway permit shall be made in writing to the Road Commissioner. (Prior code § 38-5)

The County Road Commissioner may provide in any application for a permit to be issued under this chapter any requirements which he or she finds will substantially aid in the protection of the highway or of the traveling public, or of both. (Prior code § 38-6)

• A. Generally. All persons except the United States, this State, any county, any municipal corporation and other public district or public body shall make whatever deposit is required by this Code, and in addition thereto, pay an issuance fee in the amount determined by the City to be sufficient to recover the cost of issuance.

• B. Waiver of Prepayment of Issuance Fees. At the request of a permittee who maintains with the County Road Commissioner a general deposit as provided in Chapters 12.12 and 12.16 and to whom an average of more than 75 permits has been issued monthly, such average to be based on the previous fiscal years' experience, or in the absence of such experience, to be based on the three most current calendar months' experience, the Commissioner may waive the requirement covering prepayment of the issuance fees and bill the permittee for issuance fees covering permits issued subsequent to such request. The Commissioner may revoke such waiver at any time.

• C. Waiver of Issuance Fees for Public Works. The County Road Commissioner may grant a permit without issuance fee if he or she finds that the work to be done has been requested by the City in connection with proposed public works.

• D. Purpose of Issuance Fees—Fees Nonrefundable. The issuance fees required by the provisions of this chapter 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.

• E. Disposition of Fees, Etc. Issuance fees and charges for repairs, inspection or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.

• (Prior code §§ 38-7—38-11)

On each application the applicant shall sign a statement that he or she agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for an 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. (Prior code § 38-12)

Whenever in the provisions of this chapter, any costs are to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs are the actual costs including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus cost of overhead not to exceed 15% of the total. (Prior code § 38-13)

No person shall prevent or obstruct the County Road Commissioner, or duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test. (Prior code § 38-14)

The County Road Commissioner may establish special provisions and special specifications or special requirement or both for the work to be done under the permit, including equipment to be used, type of backfill, paving, traffic regulating signs or devices, hours of work, flaggers, lights, inspection and other similar requirements. He or she also may require whatever advance notice he or she deems proper for requests for inspection. The Road Commissioner may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the Commissioner may revoke the permit and require that a new permit be secured before further work is done. If paving, barricades, lights or other stipulated devices are not properly placed or maintained, the Commissioner through force account or otherwise may cause such to be placed or erected and properly maintained; and any and all costs due to this action shall be paid by the permittee. The Commissioner may elect not to issue further permits and may hold any deposits, guarantees or bonds of the permittee as long as any bill for service ordered by the Commissioner remain unpaid.

(Prior code § 38-15)