Alpine County Municipal Code Art. III Performance of Work

All encroachment repair work done under a permit issued pursuant to this chapter shall conform to specifications established by the road commissioner or in the absence of established specifications, to the latest edition of the State of California Department of Public Work Division of Highways Standard Specifications. All encroachment repair work shall be done subject to approval of the road commissioner. (Ord. 247 § 57, 1964)

Before beginning any work which includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming, or removing trees, making, placing, or causing an obstruction in the right-of-way, the permittee shall notify the road commissioner of the time of beginning work, unless otherwise exempt in the permit. (Ord. 247 § 51, 1964)

A. The permittee in the conduct of the work use, or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchmen, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the director of transportation to specify in the permit what light, barriers, or other protective measures or devices shall be provided, erected, or maintained by the permittee, or the fact that the director of transportation may not specify sufficient lights, barriers, or other protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public highways.

B. If, at any time, the director of transportation finds that suitable safeguards are not being provided, the county may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

C. A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed two hundred and four hundred feet from each excavation or obstruction, in such a position as to adequately warn public traffic. (Ord. 484 § 1 (part), 1988: Ord. 247 § 50, 1964)

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the road commissioner may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the public utilities commission or the State Department of Public Works at the expense of the permittee. (Ord. 247 § 61, 1964)

All work or use shall be planned and executed in a manner that will cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public highway be closed, or the use thereof denied the general public without the written permission of the road commissioner, nor shall use of private property be interfered with unreasonably without the consent of the owner. (Ord. 247 § 54, 1964)

When authorized by a permit issued pursuant to Section 12.08.090 to move a vehicle or combination of vehicles or load of dimension or weight or other characteristic as generally prohibited by law, the permittee shall comply with the general law regulating travel over a public highway, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public highway, unless otherwise exempt by special permit. The permittee at all times shall conform to and abide by the practice, and procedure, necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee. (Ord. 247 § 62, 1964)

If the work, use, or encroachment authorized in a permit issued pursuant to this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as approved by the road commissioner. (Ord. 247 § 53, 1964)

A. Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the public utilities commission and other public agencies having jurisdiction.

B. No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders, and regulations of the public utilities commission. (Ord. 247 § 60, 1964)

All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes. (Ord. 247 § 63, 1964)

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet of earth or imported material, unless otherwise specified in the permit. Within the public highway, the minimum cover of three feet shall be measured from the surface, existing or planned. The road commissioner is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity. (Ord. 247 § 58, 1964)

Backfilling and compaction of an excavation shall be in accordance with specifications established by the road commissioner, or in the absence of established specifications to the latest edition of the State of California Department of Public Works Division of Highways Standard Specifications, both as to material and method. (Ord. 247 § 59, 1964)

Unless this section is waived in the permit, the permittee, upon completion of all work, shall notify the road commissioner. No work shall be deemed to be completed until notice of completion is given pursuant to this section. (Ord. 247 § 52, 1964)

A. Upon completion of the work, acts, or things for which a maintenance of encroachment permit was issued, or when required by the road commissioner, the permittee shall replace, repair, or restore the right-of-way as provided by this chapter and adopted specifications, or as directed by the road commissioner, within the limits of the specifications. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way and shall do any other work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the road commissioner.

B. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. The permittee shall, upon notice from the road commissioner, immediately repair any injury, damage, or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the county may, at its option, make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with actual costs of labor and materials, plus fifteen percent, as administrative costs. By acceptance of the permit, the permittee agrees to comply with the above. (Ord. 247 § 55, 1964)

If any future construction, reconstruction, or maintenance work on a public right-of-way requires the relocation or removal of installations or, encroachments in, on or under the public right-of-way, the permittee, owning, controlling, or maintaining such installations or encroachments shall relocate or remove the same at his sole expense provided, however, that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located shall be used for usual highway purposes and not as a freeway, and this provision shall cease to apply when such highway shall become a freeway. When removal or relocation is required, the road commissioner shall give said permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed from the right-of-way, and specifying a reasonable time within which the encroachment must be removed or relocated. If said permittee fails to comply with said instructions, the county may cause the removal or relocation of the encroachment at the expense of the permittee. (Ord. 247 § 56, 1964)