San Luis Obispo County Municipal Code Ch. 13.08 Encroachment, Transportation and Tree Removal Permits

The county engineer may issue written encroachment permits in accordance with the provisions of Chapter 5.5 (commencing with Section 1450) of Division 2 of the Streets and Highways Code.

(Ord. 2387 § 2 (part), 1989)

The county engineer is delegated the authority to issue the special transportation permits authorized by Article 4 (commencing with Section 35700) and Article 6 (commencing with Section 35780) of Chapter 5 of Division 15 of the Vehicle Code.

(Ord. 2387 § 2 (part), 1989)

The county engineer may issue written tree removal or trimming permits as provided herein.

(Ord. 2387 § 2 (part), 1989)

Any person desiring a permit shall file a written application with the county engineer. The application shall be in the form prescribed by the county engineer, and shall give at least the following information:

(1) Excavations:

a. Estimated cost of repairing damage to the highway caused by the excavation,

b. Plans covering said excavation,

c. Location of the excavation,

d. Estimated time necessary to complete the excavation, and repair the damage;

(2) Transporting oversize and overweight loads:

a. A full description of the structure, equipment or materials to be transported, including size and gross vehicle weight thereof,

b. Make and type of conveyance upon which structure, equipment or material will be transported,

c. Designation of county highway over which the structure, equipment or materials will be transported,

d. Estimated time necessary to complete the transportation,

e. Other information required by Vehicle Code Sections 35781, 35790, and 35790.5, if applicable to the type of permit issued;

(3) Removal or trimming roadside trees:

a. Full description of the tree or trees to be removed or trimmed,

b. Location of the tree or trees,

c. Estimated time to complete the removal or trimming,

d. The necessity for removing or trimming roadside tree or trees;

(4) Other encroachments: Such information as may be required by the county engineer.

(Ord. 2387 § 2 (part), 1989)

The county engineer may, if he deems it necessary, require applicant to file a plan with each application showing the location and extent of the work proposed to be done.

(Ord. 2387 § 2 (part), 1989)

The county engineer may require the permit applicant to file with the county engineer a satisfactory surety bond, a cash deposit, or a certificate of deposit (with assignment to the county) in an amount sufficient to guarantee the proper compliance by the permittee with the terms and conditions of the permit.

(Ord. 2387 § 2 (part), 1989)

An applicant, at the time of filing his application for a permit, shall pay the county engineer a fee in accordance with the schedule of fees for such permit established by ordinance of the board of supervisors; provided however, that upon application, the county engineer may waive the fees for any governmental agency, the state, any city, district or other political subdivision, any public officer or body, acting in his or its official capacity, any nonprofit organization, or for any individual application for tree trimming, or for work estimated by the county engineer to cost less than fifty dollars. All fees collected shall be paid into the road fund.

(Ord. 2387 § 2 (part), 1989)

Upon receiving a permit application, the county engineer shall either approve or reject it. If the application is approved, the county engineer shall accept the security and filing fee and shall issue a written permit, which permit shall embody and be subject to all the conditions hereof, and to such further conditions as the county engineer deems in the best interest of the county. In the event the application is denied, any security submitted in connection therewith, shall be returned to the applicant, provided that the applicant, if dissatisfied with such rejection, may appeal the denial as provided in Section 13.08.120.

(Ord. 2387 § 2 (part), 1989)

It shall be the duty of any person making any excavation or installation in any county highway to place and maintain adequate warning signs and devices and follow the procedures set forth in the Manual of Traffic Control published by the State of California Department of Transportation, and to continually maintain any such signs or devices as may be necessary and proper for the safety of persons using such county highways.

(Ord. 2387 § 2 (part), 1989)

All construction and installation of encroachments permitted under this chapter shall conform to the standard improvement specifications and drawings adopted by resolution of the board of supervisors.

(Ord. 2387 § 2 (part), 1989)

After the work permitted hereunder is commenced, the same shall be prosecuted with due diligence until completed, and in a manner not to unreasonably obstruct the highway.

(Ord. 2387 § 2 (part), 1989)

If the work specified in the permit is not performed in the manner and within the time required by any of the provisions thereof, or in accordance with the terms and conditions of the permit issued hereunder, the county engineer shall notify the applicant, in writing, and if the defect is not remedied within five days, the county engineer, at his election, shall cancel the permit, or shall cause the defect to be remedied, or the work permitted to be completed, deducting the cost thereof from the proceeds of the security.

(Ord. 2387 § 2 (part), 1989)

If it becomes necessary for the county engineer to complete the work permitted hereunder, or to remedy any defect in any work permitted hereunder, the cost of remedying the defect, or completing the work, shall be deducted from the applicant's security, and the balance, if any, remaining after the deduction shall be returned to the applicant. If the security is insufficient to cover the cost of such work, the applicant shall be liable to reimburse the county for the cost in excess of the amount of the security, which excess amount shall be due and payable upon the applicant being furnished with a written statement of the amount due.

(Ord. 2387 § 2 (part), 1989)

Upon satisfactory completion of all the terms and conditions of a permit, the county engineer shall cause the security to be refunded or the bond exonerated.

(Ord. 2387 § 2 (part), 1989)

The decision of the county engineer relating to permit denial, standards of construction or remedial action, may be appealed to the board of supervisors as follows:

(1) An appeal may be submitted in writing to the county engineer within five days after notification of denial of permit application, or notification of remedial action.

(2) An appeal of required construction standards may be requested at any time.

(3) The appeal should set forth the reasons why the construction standard should be excepted, or the county engineer's decision should be reversed, by the board of supervisors.

(4) The county engineer will prepare a report to the board of supervisors, and schedule the matter for hearing before said board.

(5) After a public hearing, the board of supervisors may affirm, affirm in part, or reverse the decision of the county engineer, or grant exception to required construction standards.

(Ord. 2387 § 2 (part), 1989)

Each applicant is solely responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by applicant or its or his agents, employees, or independent contractors directly responsible to applicant, or in connection with any work or authority delegated under any permit issued as result of an application; and each applicant shall, to the extent permitted by law, indemnify and save harmless the county, its officers, agents, employees or servants from any and all loss or liability resulting from any claims made by reason of, or in connection with, any work done under the authority of, or as a result of, any permit issued hereunder.

(Ord. 2387 § 2 (part), 1989)

All the terms and conditions of this chapter, and of Chapter 5.5 of Division 2 of the California Streets and Highways Code, and Division 15 of the Vehicle Code, as applicable, shall be incorporated by reference into any permit issued hereunder.

(Ord. 2387 § 2 (part), 1989)