(a) Issuance of Permit Public Record. If the applicant for a permit complies with every provision of this Division and with all applicable provisions of all other ordinances and statutes, the Commissioner shall issue to the applicant a written permit to perform the work set forth in the application. Upon the issuance of such permit the application shall become a public record.
(b) Monthly Billing for Permits Issued. Where the Commissioner grants the waiver provided in § 51.0119(d) of this Chapter, he or she shall bill the permittee 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 Commissioner may in his or her discretion accept a personal check in payment of such bill, provided the check is received by the Commissioner not later than the fifteenth 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 Commissioner with the County Treasurer.
(c) Imposition of Conditions or Changes by Commissioner. Any permit authorized under any of the provisions of this Division may be issued subject to such conditions, changes and limitations as are, in the discretion of the Commissioner, necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within, upon or adjacent to said highways from damage or danger.
The Commissioner may issue a single permit for any number of excavations which are part of a single project and may also issue a single annual permit for service connections. Either permit may be exercised by giving not less than 48 hours notice of the Commissioner on a form to be prescribed by the Commissioner before work is commenced.
(d) Reservation of the Power to Change the Conditions after Permit Issued. Any permit issued by the Commissioner 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 Commissioner 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, upon or adjacent to said highways from damage or danger. Notification of the amendment or change shall be made by the Commissioner either by mailing written notice to the permittee at the address indicated on his or her application for the permit, or by making personal service of said written notice upon 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.
(e) Commencement and Completion of Work. Every permittee shall complete the work within the time required by the permit. Permits issued hereunder shall be valid only for the period of time specified in the permits, unless the County Highway Engineer grants a time extension.
(f) Refusal to Issue Permit. The Commissioner may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work authorized by the permits, or such portions thereof is included in the proposed work to be done, by any existing assessment district, or by any proposed assessment district for which formation proceedings have been instituted by the Board of Supervisors.
(g) Non-transferability of Permits. Permits issued pursuant to this Division are non-transferable.
(h) Permits Subject to the Use of the Highway by Others. Every permit granted pursuant to the provisions of this Division, shall be granted subject to the right of the County or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used.
(Ord. 815, passed - -1957; Am. Ord. 922, passed - -1960; Am. Ord. 1937, passed - -1974)