2005 ORD O-03-05 - Laserfiche WebLink

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 detrimental to the public health, peace, safety and welfare, the City Engineer shall issue a one - day or annual oversized load permit subject to such reasonable terms, provisions and conditions as he deems necessary to protect the public streets and places or property of any person and the public health, peace, safety and welfare, including but not limited to restricting the number of trips, the weight, length, width, height and size of an oversized load, the time of day trips may be made, the date periods during which trips may be made, and requiring applicant to obtain written approval of any person whose property will be unduly disturbed or endangered by the moving of an oversized load upon public streets or places. 15.28.100 Permit — Contents. A permit to move any oversized load shall set forth on its face the dates and period of time for which it is to be effective, the routes over which the oversized load may be moved, and any other information the City Engineer may find is necessary for proper enforcement of this chapter, including but not limited to the name of permittee, the height, weight, length, width limitations, a description of the oversized load by vehicle identification number and the nature of the load. Any permit which fails to contain any of the above information or which purports to grant authority to move any oversized load contrary to the provisions of this chapter, state laws and City ordinances and resolutions shall be void. The City or any officer or employee shall not be liable for any damages resulting due to such permit failing to contain any such information. 15.28.110 Permit — Issuance - Denial - Suspension –Revocation; Appeals. A. The City Engineer shall issue all oversized load permits pursuant to this chapter. The City Engineer may at any time suspend or revoke a permit issued pursuant to this chapter when he has probable cause to believe a permittee has violated or is causing or permitting a violation of this chapter or any pertinent laws of the state, county or of the City, or when it has been shown to his satisfaction that the activities so permitted are being conducted in a manner detrimental to the public health, peace, safety or welfare of the City. The City Engineer may also suspend or revoke any permit under this chapter if he has probable cause to believe a permittee, or any agent, official or employee of the permittee has misrepresented, falsified or concealed any material fact in the application upon which such permit was issued. B. Any applicant being denied a permit as provided herein or having a permit suspended or revoked shall be entitled to an appeal hearing before the City Manager. C. Any applicant wishing to appeal shall file a request for appeal with the City Clerk. The request for appeal will be sufficient in form if it contains the names and addresses of the applicants, and states that "This appeal is from the action of the City Engineer in either granting, denying, suspending or revoking Application No. made by (name of applicant) for an oversized load permit.' The request for appeal shall also state the reasons for submitting the appeal. D. Upon receipt of any such written appeal, the City Clerk shall forward the application together with the written appeal to the City Manager as soon as reasonably practicable. The City Manager shall thereupon determine whether or not the permit shall be issued as provided herein after a hearing thereupon. The hearing shall be held at the earliest reasonable time thereafter; provided, however, the applicant and any interested persons requesting notice shall be mailed notice thereof at their last known address at least five days prior to such appeal hearing. -5-