Victorville Municipal Code Ch. 9.04 General Provisions

This title shall be known as the "Public Right-of-Way Construction and Permits Ordinance."

(Ord. No. 2349, § 3, 5-17-16)

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

(Ord. No. 2349, § 3, 5-17-16)

(a) Any person violating any of the provisions, or failing to comply with the requirements of this title, is guilty of a civil penalty, punishable in accordance with Chapter 1.05 of this Code. In addition, in the discretion of the city attorney and based upon the specific facts and circumstances presented to him or her, any such violation may be charged as a misdemeanor subject to the penalties set forth in Chapter 1.04 this Code.

(b) Such person is guilty of a separate offense for each and every day during any part of which any such violation or noncompliance occurs, and is punishable as provided Chapter 1.04 of this Code.

(Ord. No. 2349, § 3, 5-17-16)

The penalties, remedies, cost recovery, and other provisions set forth in Chapter 1.04 of this Code apply to violations of this Title 9.

(Ord. No. 2349, § 3, 5-17-16)

If at any time during the progress of any work performed under any permit issued under this title, the city engineer finds that the work is not being performed in a manner consistent with the provisions of this title or this Code, or in a dangerous and unsafe manner, or if the work is being done without a valid existing permit, the city engineer shall issue an immediate stop work order work and require the work to be done properly and in accordance with all the provisions of this title and this Code. Following issuance of a stop work order, work may recommence only upon issuance by the city engineer of a notice to proceed.

(Ord. No. 2349, § 3, 5-17-16)

(a) Except as may be otherwise set forth in specific chapters of this title, any person aggrieved by any decision or determination of the city engineer may, within ten calendar days of the date of the decision or determination, appeal in writing, to the city manager. Such appeal shall state concisely the grounds of appeal. The city manager shall issue his decision or determination thereon in writing, and such decision shall be final unless timely appealed to the city council as set forth in subdivision (b), below.

(b) Any person aggrieved by a decision or determination of the city manager may, within ten calendar days of the date the city manager issues his written decision or determination, appeal in writing to the city council for a hearing. The procedures set forth in Section 13.15.290(c) of Chapter 13 this Code shall apply to appeals made to the city council, and the decision of the city council following such appeal hearing shall be final and conclusive.

(Ord. No. 2349, § 3, 5-17-16)

Except where the context otherwise requires, the following definitions given in this section govern the construction of this title:

(a) "Alteration" shall mean any change, repair, remodeling, addition or modification in construction.

(b) "Building" (in addition to the meaning ordinarily ascribed thereto) shall mean and include:

(1) Any structure, 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.

(2) A vehicle or load exceeding the maximum permitted by the State Vehicle Code.

(3) Any structure used or intended for supporting or sheltering any use or occupancy.

(c) "City engineer" shall mean a person or firm appointed and authorized by the city council to act as an engineer of the city, and who shall be registered as a civil engineer by the State of California and his/her duly authorized designees.

(d) "Encroachment" shall mean any tower, pole, pole line, pipe line, 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 or public right-of-way.

(e) "Highway" shall mean any public roadway, public street, public way, public alley, or other public place in the city, owned or maintained by the city, or dedicated to the public for the purpose of travel.

(f) "Mobile home" shall mean a trailer coach as defined in the Vehicle Code, currently codified at Section 396 of the Vehicle Code.

(g) "Moving contractor" shall mean any person who for himself/herself or for another moves or causes to be moved any building or structure over, upon, along or across any highway.

(h) "Public right-of-way" means land, which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes, including but not limited to, any street, highway, driveway, parkway or sidewalk within the city limits.

(i) "Section" shall mean a section of this title unless some other chapter, ordinance, or statute is specifically mentioned.

(j) "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term also includes any building as that term is defined in this section.

(k) "Width" shall mean 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. No. 2349, § 3, 5-17-16)

Permit issuance fees and such other permit-related fees and/or charges for engineering services as provided for in this title, shall be established and revised from time-to-time by resolution of the city council and included in an engineering schedule of fees and charges for services, or such other document as shall be adopted by the city council for that purpose.

(Ord. No. 2349, § 3, 5-17-16)