Chapter 1 — APPLICATIONS, PERMITS, FEES AND GENERAL

(a) "BUILDING OR STRUCTURE". In addition to the meaning ordinarily ascribed thereto, "building or structure" includes any machine, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel, pipe bend, dynamo, transformer, generator, punch, 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 Vehicle Code of the State of California, having a

width of 10 feet or less. The term also includes a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum permitted by said Vehicle Code.

(b) "COMMERCIAL DRIVEWAY" means any driveway that is not a "residential driveway" as defined in this section.

(c) "COUNTY HIGHWAY" means a County highway as defined in Streets and Highways Code Section 25 of a highway maintained by a County service area.

(d) "DRIVEWAY" means a commercial driveway.

(e) "HIGHWAY" means any public highway, public street, public way, or public place in the unincorporated territory of the County, either owned by the County or dedicated to the public for purpose of travel.

(f) "MOVING CONTRACTOR" means any person who moves or causes to be moved any building or structure over, upon, along or across any highway.

(g) "PERSON" means any person defined by Section 12.115 of this Code and shall also include the United States, this State, this County, including all departments and bureaus thereof except the Department of Public Works of this County.

(h) "RESIDENTIAL DRIVEWAY" means any driveway serving any property which is used solely as a private residence consisting of one, two, or three dwelling units including farms or ranches which are not used as retail outlets.

(i) “DIRECTOR” means the Director of Department of Public Works of this County, and the Director of Planning and Development Services as ex-officio Director of Department of Public Works when performing tasks pursuant to delegations of authority from the Director of Department of Public Works.

(j) "TOTAL NUMBER OF TIRE INCHES" means that number calculated by adding the respective tire sizes as specified by manufacturer of all tires resting upon the surface of the highway.

(k) "VEHICLE CODE" means the Vehicle Code of the State of California.

(l) "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.

(m) "ENCROACHMENT" means any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the highway.

(n) "TERMINAL" means a facility at which freight is consolidated to be shipped and where full load consignments may be off-loaded or at which the vehicle combinations are regularly maintained, stored or manufactured.

(o) "INTERSTATE TRUCK" means a tractor semi or a set of doubles wit unlimited length as regulated by Vehicle Code 35401.5(a)(1) and (2).

(Amended by Ord. No. 2325 (N.S.), effective 3-15-62; amended by Ord. No. 3032 (N.S.), effective 1-19-67; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5516 (N.S.), effective 6-21-79; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 6881 (N.S.), effective 1-17-85; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

Cross reference(s)--Definitions, § 12.101 et seq.

State law reference(s)--County highway defined, Streets and Highways Code, § 25; interstate truck regulated, Vehicle Code, § 35401.5(a)(1).

The applicant shall agree to indemnify and/or hold harmless the County, each of its officers and its employees from any liability or responsibility for accident, loss or damage to persons or property arising by reason of the work done by the applicant, or his or her agents, employees or representatives. The applicant shall further agree to defend the County of San Diego, its agent and employees, against all suits, actions or proceedings brought by any third party against them, arising by

reason of the work done by the applicant, or his or her agents, employees or representatives, or pay the cost for such defense.

(Amended by Ord. No. 2437 (N.S.), effective 11-15-62; amended by Ord. No. 3032 (N.S.), effective 1-19-67; amended by Ord. No. 6024 (N.S.), effective 5-21-81)

Every applicant for a permit or license required by this division shall at the time of making application for the permit or license pay the fees and make the deposits required for such permit or license.

If the United States, this State, this or any other county, any municipal corporation, school district, other public district or public body files with the Director a written guarantee of payment of all costs for which they may become liable to the County, then neither an issuance fee nor deposit is required from such persons.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Where the Director grants the waiver provided in Section71.106, the permittee will be billed at the end of each month for all permits issued during that month, and the permittee shall pay said bill not later than the last day of the following month. The Director may, with discretion, accept a personal check drawn on a bank located within San Diego County or Los Angeles County in payment of such bill provided the check is received by the Director 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 Director with the County Treasurer.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The issuance fees required by the provisions of this division 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.

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

Whenever in the provisions of this division 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 per cent of the total.

The Director shall not approve the application unless it appears that the work proposed to be done will not significantly damage the highways or create an unreasonable risk of harm to person or property and that the approval of said application is in the public interest; provided however, the Director may approve the application subject to conditions if the Director determines that by doing so it would be in the public interest, no significant damage to the highways would be created, and no unreasonable risk of harm to persons or property would be created.

(Amended by Ord. No. 3032 (N.S.), effective 1-19-67; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

When the Director approves an application for a permit the Director or a representative shall issue the permit.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Notwithstanding the provisions of Section 71.111, the Director shall approve the application for permit subject to conditions of any public agency or public utility having lawful authority to occupy the highways and authorized by law to establish or maintain any works or facilities in, over, or under any public highway. Any such permit shall contain a provision that in the event the future improvement of the highway necessitates the relocation of its facilities the permittee will relocate the same at its sole expense.

(Amended by Ord. No. 3032 (N.S.), effective 1-19-67; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Any permit issued by the Director under any of the provisions of this division, or the conditions to which it has been made subject, may be amended or changed if the Director 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 or adjacent to such highways from damage or danger. Notification of the amendment or change shall be made by the Director either by mailing written notice to the permittee at the address contained on the application for the permit, or by making personal service of said written notice to the permittee. The amendment or change shall be effective either 24 hours after said written notice is deposited in the United States mail or immediately upon completion of personal service.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

All permits other than those issued to public agencies or a public utility having lawful authority to occupy the highways are revocable on five days' notice and the encroachment must be removed or relocated as may be specified by the Director in the notice revoking the permit and within a reasonable time specified by the Director unless the permit provides a specified time.

(Amended by Ord. No. 3032 (N.S.), effective 1-19-67; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Copies of the specifications entitled “The Standard Specifications, Public Works Construction”, referred to in this division may be obtained online at the County of San Diego Department of Public Works website.(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

Except where otherwise specifically provided by this division, every person is guilty of an infraction who, before obtaining a construction, excavation or encroachment permit from the Director so to do:

(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) Places, changes or renews any encroachment in, under or over any portion of a highway.

(Amended by Ord. No. 3499 (N.S.), effective 4-22-70; amended by Ord. No. 4128 (N.S.), effective 8-2-73; amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

(Amended by Ord. No. 3499 (N.S.), effective 4-22-70; repealed by Ord. No. 5200 (N.S.), effective 8-10-78)

The Director is authorized to enforce the provisions of this Division.

(Added by Ord. No. 4496 (N.S.), effective 5-22-75; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

No work by a subcontractor to place, construct or install an Encroachment within a County Highway for energy, sewer or

water transportation projects subject to State prevailing wages, or for any other projects regardless of the applicability of State prevailing wages with the exception of projects for residential driveways and retaining walls shall be commenced until after the following information about the subcontractor is provided to the Director:

a. Subcontractor name, address, specialty, license number, and workers compensation policy

b. Detailed scope of work to be performed by the subcontractor

c. Start and end dates of subcontractor work

d. Description of any workplace safety or wage violation investigations conducted by the United States Department of Labor, Occupational Safety and Health Administration (OSHA), the State of California, Division of Labor Standards Enforcement (DLSE), or other State or federal government agency, of the subcontractor, the result of the investigation, and whether the violations have been resolved to the satisfaction of the government agency

e. Disadvantaged Business Enterprise (DBE) status of the subcontractor

f. Any specialty licenses, certificates, certifications or trainings required for the subcontractor perform any permitted work

(Ord. No. 10794 (N.S.), effective 6-10-22)