Butte County Municipal Code Art. VI (A). - General Provisions

This Article VI, composed of Articles VI(A), VI(B), VI(C) and VI(D), shall be known and may be referred to in all proceedings as the Butte County Road Encroachment Ordinance.

(Ord. No. 3907, § 1, 3-1-2005)

This chapter is enacted pursuant to Section 942 of the Streets and Highways Code and article 11, section 11 of the California Constitution for the purpose of protecting the safety of the public traveling on public roads and to protect the public roads from unwarranted damage.

(Ord. No. 3907, § 1, 3-1-2005)

When used in this chapter, the following words and phrases are defined as follows, unless the context clearly requires a different meaning:

a. "County highway" means any road included within the maintained County highway system, as provided in section 2121 of the Streets and Highways Code, and any road conveyed to and accepted by the County by deed, subdivision map or other instrument of record within the unincorporated territory of the County.

b. "Encroachment" means any sign, billboard, pole, pole line, pipe, pipeline, fence, stand, driveway, roadway, culvert, building excavation or ally structure or object of any kind or character not particularly mentioned herein which is placed in. under or over any portion of the entire County right-of-way.

c. "Excavation" means the movement or removal of earth, rock, pavement or other material in, on or under the ground. The term includes auguring, backfilling, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.

d. "Newly renovated County highway" means any County highway that has been reconstructed or overlaid with a minimum of one and one-half (1 ½) inch of Asphalt Concrete.

e. "Person" means any person, firm, partnership, association, corporation, district or organization.

f. "Right-of-way" means all of the area between the boundaries of a road, as defined by the instruments creating or conveying the road, and with respect to County highways created by use, all of the area used for road purposes, including the roadbed, shoulders, drainage ditches and fixtures, the entire surface of cuts and fills and other road appurtenances.

(Ord. No. 3907, § 1, 3-1-2005)

The provisions of this chapter shall not apply to:

a. The construction of state highways pursuant to agreement with the County;

b. Work done by the County or by a person doing work pursuant to a contract with the County.

(Ord. No. 3907, § 1, 3-1-2005)

This chapter shall be enforced by the Director of Public Works. The Director shall cause any encroachment authorized by permit to be inspected at sufficient intervals to insure compliance with the requirement of the permit and this chapter.

(Ord. No. 3907, § 1, 3-1-2005)

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the County jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Each day any violation of this chapter continues shall constitute a separate offense punishable as provided in this section.

(Ord. No. 3907, § 1, 3-1-2005)

The violation of any provision of this chapter shall constitute a public nuisance subject to abatement in any manner authorized by law, including, but not limited to, summary abatement by the Director of Public Works, pursuant to section 1483 of the Streets and Highways Code and section 3494 of the Civil Code; abatement by actions authorized by section 373(a) of the Penal Code and chapter 6, division 2 of the Streets and Highways Code; and by suit for injunction. The Director of' Public Works is authorized to issue a notice of noncompliance, pursuant to Section 41-6.1 of this Code, instead of or in addition to any other enforcement/abatement action or procedure pursued.

(Ord. No. 3907, § 1, 3-1-2005)