Chapter 11.28 OVERHEAD STRUCTURES

11.28.010 Defined.

11.28.020 Permit required.

11.28.030 Deposit--Required.

11.28.040 Deposit--Deduction of actual cost and issuance fee.

11.28.050 Permit--Application.

11.28.060 Permit--Issuance--Denial.

11.28.070 Minimum height limit.

11.28.080 Permit--Revocation.

11.28.090 Permit revocation--Appeal.

11.28.100 Permit revocation--Board hearing.

11.28.110 Permit revocation--Date effective.

11.28.120 Permit revocation--Removal of overhead structure.

11.28.010 Defined.

“Overhead structure” means any structure extending over the dedicated portion of a highway, including canopies but excluding such projections for buildings. (Ord. 222 § 99, 1955).

11.28.020 Permit required.

A person shall not erect or maintain any overhead structure without a permit from the commissioner. (Ord. 222 § 100, 1955).

11.28.030 Deposit--Required.

An applicant for a permit to erect or maintain an overhead structure shall deposit with the commissioner an amount estimated by the commissioner to be equal to twice the actual cost of all necessary engineering and inspection, and repair of any sidewalk or highway surface which may be injured by such construction. (Ord. 222 § 101, 1955).

11.28.040 Deposit--Deduction of actual cost and issuance fee.

The commissioner shall deduct from the deposit the amount of the issuance fee and the actual cost to the county of the required engineering and inspection and of repairing any sidewalk or highway surface necessitated by such construction. If such cost and fee is less than the deposit, the commissioner shall refund the difference to the person making the deposit, in the same manner as provided by law for the repayment of such trust moneys.

If the cost, plus the issuance fee, exceed the deposit, the permittee shall pay the excess to the county within fifteen days after receiving a statement of such excess from the commissioner. (Ord. 222 § 102, 1955).

11.28.050 Permit--Application.

An application for a permit to construct or to maintain an overhead structure shall be in writing upon forms provided by the commissioner. (Ord. 222 § 103, 1955).

11.28.060 Permit--Issuance--Denial.

If it appears to the commissioner that the overhead structure will not, insofar as he can foresee at the time of the application, create a hazard of any kind, that it will comply with this article, and with all other ordinances, and that the deposit has been made, he shall issue the permit, otherwise he shall deny the permit. (Ord. 222 § 104, 1955).

11.28.070 Minimum height limit.

Each overhead structure other than a canopy shall be not less than fifteen feet above the highest portion of the highway surface over which such overhead structure extends. If the road commissioner finds that traffic conditions are such that it is necessary for highway safety that such structure be at a greater height, then such structure shall be at such greater height as specified by the road commissioner. (Ord. 222 § 105, 1955).

11.28.080 Permit--Revocation.

The commissioner may revoke any permit to construct or maintain an overhead structure if he finds:
A. Any state of facts which would have required that the permit be denied; or
B. That the permit was obtained by fraud; or
C. That the overhead structure is a hazard of any kind; or
D. That any money due to the county pursuant to this chapter has not been paid. (Ord. 222 § 106, 1955).

11.28.090 Permit revocation--Appeal.

Within ten days after a permittee has received notice from the commissioner that his permit to construct or maintain an overhead structure has been revoked, the permittee may file a notice of appeal with the board of supervisors. (Ord. 222 § 107, 1955).

11.28.100 Permit revocation--Board hearing.

Upon receiving a notice of appeal the board of supervisors shall hold a hearing before itself. Upon the evidence at such hearing the board of supervisors may reverse, affirm, or modify the action of the commissioner. (Ord. 222 § 108, 1955).

11.28.110 Permit revocation--Date effective.

A revocation of a permit to erect or maintain an overhead structure becomes effective on the date specified in the order of the board of supervisors on its decision on an appeal, if an appeal is filed, otherwise when the time for appeal has expired. If no date is specified in the order of the board of supervisors the revocation becomes effective on the date of such action. (Ord. 222 § 109, 1955).

11.28.120 Permit revocation--Removal of overhead structure.

Upon the effective date of a revocation, the person maintaining the overhead structure shall remove such overhead structure, and all of the provisions of this chapter apply to such permit and to such permittee. (Ord. 222 § 110, 1955).