Chapter 6.68 MOVEMENT OF VEHICLES AND EQUIPMENT

“Oversize/overweight vehicles” means and includes vehicles going upon, or using any street in such a manner as to prevent, obstruct, damage, or interfere with its normal use, including, but not limited to, the performance thereon of any of the following acts:

A. Traveling on the street by any vehicle or combination of vehicles or any object of dimension, weight, or other characteristic prohibited by law, or having other characteristics capable of damaging the street, without a permit;

B. Moving any building in, into, through, or from the city on, over, or through any street.

“Permittee” means any person that proposes to traverse upon a street as herein defined and has been issued a permit for such oversize/overweight vehicle by the City Engineer.

“Person” means any individual, firm, partnership, association, or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest.

“Street” means the full width of the right-of-way of any street, as defined in the California Vehicle Code, used by the general public whether or not such street has been accepted as and declared to be part of the city system of streets, including streets forming a part of the state highway system. “Street” also includes easements where the city is the grantee of the easement and property owned by the city. (Ord. 16-89 § 1: Ord. 13 § 1 (part), 1982)

6.68.020 Exemptions.

A. This chapter shall not apply to any officer or employee of the city acting in the discharge of his official duties.

B. This chapter shall not prevent any person from traveling on a city street with an oversize or overweight vehicle for the preservation of life or property when an urgent necessity therefor arises provided that such person shall notify the City Engineer by telephone the day such work is performed or the day the offices of the city are again opened. Such person shall then apply on the proper form within five (5) working days confirming the work performed. (Ord. 16-89 §§ 2, 3: Ord. 13 § 1 (part), 1982)

6.68.030 Street—Right of lawful use.

Any permit granted under this chapter shall be subject to the right of the city or any other person entitled thereto, to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public. (Ord. 16-89 § 4: Ord. 13 § 1 (part), 1982)

6.68.040 Liability for damages—Insurance required.

A. Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, permittee shall defend, indemnify, and hold them and each of them, harmless from such claim, including any claim based on the active or passive negligence of the city, its officers or employees, insofar as permitted by law.

B. Permittee shall be required to show evidence of public liability insurance in an amount prescribed by the City Engineer consistent with state law to protect the city and its officials, officers, directors, employees and agents from claims which may arise from the permittee’s operations under the permit. (Ord. 4-91 § 1; Ord. 16-89 § 5: Ord. 13 § 1 (part), 1982)

6.68.050 Completion of work by city.

If the work or use authorized by a permit is unsafe, in violation of this chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the city plus overhead shall be charged to and paid for by the permittee. (Ord. 16-89 § 6: Ord. 13 § 1 (part), 1982)

Article II. Permit Requirements

6.68.060 Permit—Required.

No person shall move over or cause to be moved over the surface of any street or over any bridge or other structure maintained by the city any oversize/overweight vehicle without having first obtained a permit as required in this chapter. (Ord. 16-89 § 7: Ord. 13 § 1 (part), 1982)

6.68.070 Permit—Application.

The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact locations, nature, dimensions, duration, and purpose of the proposed travel route of the oversize/overweight vehicle. The application shall be filed with the City Engineer. (Ord. 16-89 § 8: Ord. 13 § 1 (part), 1982)

6.68.080 Permit—Application—Required documents.

A. The application shall be accompanied by maps, sketches or similar exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be plainly shown any and all information necessary.

B. The application shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body. In a case in which the oversize/overweight vehicle enters the city from a state highway or freeway, the applicant shall submit a copy of the approved CALTRANS permit. (Ord. 16-89 §§ 9, 10: Ord. 13 § 1 (part), 1982)

6.68.090 Action on application.

Applications may be approved, conditionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of this chapter have been met and the required fees and charges have been paid, he shall issue a permit for the oversize/overweight vehicle attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the City Engineer finds the requirements of this chapter have not been met, he shall deny the permit, giving the reasons therefor in writing. (Ord. 16-89 § 11: Ord. 13 § 1 (part), 1982)

6.68.100 Permit issuance—Fees and charges.

A. Fees for issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Engineer. Permit fees and charges may be waived in connection with any work being performed by any person or persons, firm or corporation under contract with the city; or when permission to travel on the street with an oversize/overweight vehicle has been expressly granted by the City Council.

B. A public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the City Engineer arrange to be billed for the required fees and charges. (Ord. 16-89 § 12: Ord. 13 § 1 (part), 1982)

6.68.150 Permit—Term.

The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed within ninety (90) days, or within the time stated in the permit, then the permit shall become void. An extension of time for good cause may be granted by the City Engineer when requested in writing. (Ord. 16-89 § 18: Ord. 13 § 1 (part), 1982)

6.68.160 Permit—Display required.

The permittee shall keep any permit in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the City Engineer or law enforcement officer on demand. (Ord. 16-89 § 19: Ord. 13 § 1 (part), 1982)

6.68.170 Permit—Changes.

No changes may be made in the route, dimension, character, or duration of the use as granted by the permit except upon written authorization of the City Engineer. (Ord. 16-89 § 20: Ord. 13 § 1 (part), 1982)

6.68.180 Permit—Nontransferable.

No permit issued pursuant to this chapter shall be transferable or assignable to any other person. (Ord. 16-89 § 21: Ord. 13 § 1 (part), 1982)

6.68.190 Compliance not met by issuance of other permits.

Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder shall not constitute authorization to move any oversize/overweight vehicle on any street. (Ord. 16-89 § 22: Ord. 13 § 1 (part), 1982)

Article III. Performance of Work

6.68.200 Compliance with safety laws required.

The permittee shall comply with all applicable federal, state, and local laws and regulations, including Department of Industrial Relations of the state of California (CAL-OSHA) rules and regulations. (Ord. 16-89 § 23: Ord. 13 § 1 (part), 1982)

6.68.210 Inspections.

The permittee shall allow the City Engineer or any law enforcement officer to inspect the oversize/overweight vehicle(s) pursuant to the permit at reasonable times. (Ord. 16-89 § 24: Ord. 13 § 1 (part), 1982)

6.68.220 Commencement of work—Notification required.

The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of the vehicle entering the city. If appropriate, the permittee shall give such advance notice as may be required by the City Engineer to the Police Department and/or Fire Department of the route, time, and nature of the proposed load. (Ord. 16-89 § 25: Ord. 13 § 1 (part), 1982)

6.68.230 Restoration of street required.

Upon completion of the work, acts, or things for which the permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the street at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition. (Ord. 16-89 § 26: Ord. 13 § 1 (part), 1982)

6.68.240 Completion of work—Notification required.

Upon completion of all work authorized in the permit, the permittee shall notify the City Engineer in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Engineer unless such final inspection is waived by the City Engineer in writing. (Ord. 16-89 § 27: Ord. 13 § 1 (part), 1982)

Article IV. Moving Oversize/Overweight Vehicles

6.68.250 Findings required.

No permit shall be issued for any oversize/overweight vehicle as defined in Section 6.68.010 unless the City Engineer finds that:

A. Any building as defined in Section 6.68.010, except a building being moved out of the city, meets the city building code requirements in effect at the time the building was constructed except as otherwise required by the City Engineer; and

B. All applicable federal and state regulations have been complied with. (Ord. 16-89 § 28: Ord. 13 § 1 (part), 1982)

6.68.260 Street obstruction prohibited.

No building or oversize/overweight vehicle being moved on, over, or through any street shall be allowed to remain in any one location on such street for a longer period than necessary to move the building or oversize/overweight vehicle along its route except with the written consent of the City Engineer. (Ord. 16-89 § 29: Ord. 13 § 1 (part), 1982)

6.68.270 Compliance with traffic laws required.

The permittee shall comply with the general laws regulating travel over a street, including posted signs or notices which limit speed or direction of travel, or the weight, width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a street. (Ord. 16-89 § 30: Ord. 13 § 1 (part), 1982)

6.68.280 Removal of poles, wires, supporting structures.

In the event that the moving of any building or oversize/overweight vehicle for which a permit shall have been granted hereunder makes it necessary to move, remove, or displace any pole or other structure supporting the wires, cables, or other equipment of any public utility in the city, or to cut, displace or change the location of any wire, cable, or other equipment upon said poles or structure the permittee shall notify the owner or owners of such pole or structure and/or the wires, cables, or other equipment thereon, at least five (5) working days prior to the time that the moving of such building or oversize/overweight vehicle will necessitate the removal of such obstructions:

A. The permittee shall not at the expiration of said time of notice, or at any time, cut, move, or in any way disturb such public utility or city property; and, unless otherwise required or authorized by the City Engineer, such work shall be done only by the authorized workmen of the public utility interested or, if city property, by city employees.

B. The permittee shall pay to said public utility, or to the city, as the case may be, any and all costs or expenses for the removal, rearrangement and/or displacement of any pole or other structure or equipment thereon or of any damage to such property. (Ord. 16-89 § 31: Ord. 13 § 1 (part), 1982)

6.68.290 Removal of trees, plants or shrubs.

In the event that the moving of any building or oversize/overweight vehicle for which a permit shall have been granted hereunder makes it necessary to trim, move, remove, or replant any tree, plant, or shrub belonging to or under the control of the city, the permittee shall notify the City Engineer at least five (5) working days prior to the time that the moving of such building or oversize/overweight vehicle, or object will necessitate the removal of such obstructions:

A. The permittee shall not at the expiration of said time of notice or at any time, move, remove, replant or otherwise disturb such trees, plants or shrubs; and such work shall be done only by city employees unless otherwise approved and so ordered by the City Engineer.

B. The permittee shall pay to the city any and all costs or expenses for the trimming, moving, removing, or replacing of trees, plants, or shrubs or of any damage thereto. (Ord. 16-89 § 32: Ord. 13 § 1 (part), 1982)

Article V. Enforcement

6.68.300 Permit—Revocation.

Any permit issued hereunder may be revoked by the City Engineer for violation of the provisions of this chapter or if the permitted activity poses an imminent threat to the public health, safety, or welfare. (Ord. 16-89 § 33: Ord. 13 § 1 (part), 1982)

6.68.310 Appeals.

An applicant or permittee may appeal the decision of the City Engineer concerning the denial or revocation of a permit to the City Manager pursuant to the provisions of Section 1.04.050. The City Manager may deny the appeal or grant the appeal with terms and conditions necessary to protect the public health and safety. (Ord. 16-89 § 34: Ord. 13 § 1 (part), 1982)

6.68.320 Enforcement officer designated.

The City Engineer is designated as the enforcement authority for purposes of enforcing the provisions of this chapter. (Ord. 16-89 § 35: Ord. 13 § 1 (part), 1982)

6.68.330 Nuisance summary abatement.

Violation of the provisions of this chapter are declared to constitute a nuisance. The City Engineer may summarily abate any such nuisance in accordance with California Government Code Section 38773. (Ord. 16-89 § 36: Ord. 13 § 1 (part), 1982)