Calaveras County Municipal Code Ch. 12.08 Encroachment on Public Highways

Footnotes:

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For statutory provisions on care and protection of county highways, see Streets and Highways Code § 1450 et seq.; for provisions on issuance of permits, see Streets and Highways Code § 1460 et seq.; for provisions on the relocation or removal of encroachments, see Streets and Highways Code § 1463; for provisions on encroachment bonds, see Streets and Highways Code §§ 1467—1469; for provisions on obstructions and injuries to county highways, see Streets and Highways Code § 1480 et seq.

The short title of the ordinance codified in this chapter is "encroachment ordinance."

(Ord. 280 § 13, 1963).

Unless the context otherwise requires, the definitions and general provisions set forth in Sections 12.08.010 through 12.08.090 shall govern the construction of this chapter.

(Ord. 280 § 1, 1963).

As used in this chapter:

A. "Encroach" includes going upon, over, under or using any right-of-way in such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance, thereon of any of the following acts:

1. Excavating or disturbing the right-of-way;

2. Erecting or maintaining any post, sign, pole, fence, guard rail, wall, loading platform or other structure on or over or under the right-of-way;

3. Planting any tree, shrub, grass or other growing thing within the right-of-way;

4. Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatever;

5. Constructing, placing or maintaining on, over, under or within the right-of-way of any pathway, sidewalk, driveway or other surfacing any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable;

6. Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;

7. Lighting or building a fire;

8. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment.

B. "Permittee" means any person(s), firm, company, corporation, association, public agency or organization that proposes to do work or encroach upon a public highway, as defined in this section, and has been issued a permit for said encroachment by the road commissioner. All obligations, responsibilities and other requirements of the permittee, as described in this subsection, shall be binding on subsequent owners of the encroachment.

C. "Public highway" means the full width of the surfaced or traveled portion, including shoulders and ditches, slopes of cuts and fills of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public, when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the county system of public highways, except highways forming a part of the state highway system or of an incorporated city street system.

D. "Right-of-way" means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public, including "public highways" as defined in this section.

(Ord. 280 §§ 2-6, 1963.)

It is unlawful for any person, firm, corporation or association, without first obtaining a written permit, to encroach or to make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the unincorporated territory of the county, or to make or cause to be made any alteration of any nature within, upon, over or under such right-of-way; or to construct, put upon, maintain or leave thereon, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or to remove, cut or trim trees thereon; or to set a fire thereon; or to place on, over or under such right-of-way any pipeline, conduit or other fixtures; or to move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by the county any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or to place any structure, wall, culvert or similar encroachment, or to make any excavation or embankment in such a way as to endanger the normal usage or the right-of-way.

(Ord. 280 § 10, 1963).

No application will be accepted nor permit issued for construction or maintaining a loading platform upon a right-of-way, or for erecting, using or maintaining therein or thereon a post, pole, column or structure for support for advertising signs. Any such installation is an illegal encroachment.

(Ord. 280 § 11, 1963).

This chapter shall not prevent any person, association, firm or corporation from performing emergency maintenance on any pipe or conduit lawfully on or under any public highway, or from making an emergency use or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association or corporation making an emergency use or encroachment of a public highway shall apply for a written permit therefor within ten days, commencing with the first business day the county offices open. Any person, firm, association or corporation, requiring an emergency use or encroachment shall first notify the road commissioner's office. During the hours the county offices are closed, notification shall be given the sheriff's office.

(Ord. 280 § 12, 1963).

Any permit granted under this chapter shall not annul the right of the county or any person, firm, corporation, district or association entitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public highway shall be unduly obstructed at any time.

(Ord. 280 § 7, 1963).

This chapter does not apply to any officer or employee of the county in the discharge of his official duties.

(Ord. 280 § 8, 1963).

Work which requires a permit and is being performed by any person or persons, firm or corporation under contract with the county is exempt from the fee and bond requirements of this chapter.

(Ord. 280 § 9, 1963).

A. The written permits required by this chapter shall be issued by the road commissioner for any lawful use, subject to conditions set forth in the chapter and required by law.

B. The road commissioner shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant's name, address, and contractor's name, license number and primary place of business, if the applicant proposes to employ a contractor, together with such detail as in the judgement of the road commissioner is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the director.

(Ord. 280 § 20, 1963).

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, when required by the road commissioner, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on such map, plat, sketch, diagram or similar exhibit and these items will become an integral part of the permit.

(Ord. 280 § 21, 1963).

The applicant shall also enclose with, attach to or add to the application copies of the written order or consent to any work thereunder, required by law, the public utilities commission, sanitary districts, water districts or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent, if required, is first obtained and evidence thereof filed with the road commissioner. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders; and shall protect and indemnify the county and all of its officers, agents and employees against any claims of liability proximately caused by the violation of any such law, ordinance, regulations or order issued under police power and in accordance with law, whether by himself or by his agents or employees.

(Ord. 280 § 22, 1963).

A. The schedule of fees will be those recommended by the road commissioner and established and adopted by the board of supervisors from time to time by resolution. Before a permit is issued, the applicant shall deposit with the road commissioner, for payment to the treasurer of the county, cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation and the fee for necessary inspection, all in accordance with schedules established and adopted by the board of supervisors.

B. Public utilities and political subdivisions may, at the road commissioner's option, make payment for the charges provided for in subsection A of this section as billed by the county instead of advance deposit as required in subsection A.

(Ord. 280 § 29, 1963).

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not commenced within ninety days, or within the time stated in the permit, then the permit shall become void, unless prior to its expiration the time for commencement has been extended in writing by the road commissioner. A permit for temporary encroachments, as determined by the road commissioner, for continuing a use or maintaining a temporary encroachment, as determined by the road commissioner, for continuing a use or maintaining a temporary encroachment previously authorized shall be valid for a term of one year from the date of issuance, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment or termination of the permit by written order of the road commissioner mailed thirty days prior to the date of termination.

(Ord. 280 § 24, 1963).

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the road commissioner finds that delay in the commencing, prosecuting or completing of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the county for all expenses incurred by the road commissioner in restoring the right-of-way, plus fifteen percent, as administrative costs.

(Ord. 280 § 25, 1963).

A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle, when movement thereof in a public highway is involved, and the permit must be shown to any authorized representative of the road commissioner or law enforcement officer on demand.

B. A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the road commissioner or law enforcement officer within a reasonable time after demand therefor is made.

(Ord. 280 § 27, 1963).

No permit issued pursuant to this chapter is transferable. The person or persons, public agency, firm or corporation actually making and/or maintaining the encroachment shall obtain the permit and furnish the bond.

(Ord. 280 § 26, 1963).

No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except on written authorization by the road commissioner, except that no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

(Ord. 280 § 28, 1963).

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic prohibited by law without a permit is moved on any public right-of-way, a permit to do so must first be granted by the road commissioner as set forth in specifications set forth in Chapter 10.20.

(Ord. 280 § 23, 1963).

Unless the provisions of Sections 12.08.200 through 12.08.250 are waived in the permit and before a permit is effective, an applicant shall deposit with the road commissioner or agent authorized by resolution of the board of supervisors cash or a certified or cashier's check, in a sum to be fixed by the road commissioner as sufficient to reimburse the county for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the board of supervisors; provided, however, that an applicant may file a cash deposit on an annual basis in a sum estimated by the road commissioner as sufficient to cover his activities during any twelve-month period.

(Ord. 280 § 40, 1963).

In lieu of the cash deposit prescribed by Section 12.08.200, the applicant may, upon approval by the road commissioner, file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the board of supervisors and in effect at the time of application for a permit, and the balance of the sum fixed by the road commissioner as sufficient to reimburse the county for expenses incurred in restoring the right-of-way to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state.

(Ord. 280 § 41, 1963).

In lieu of a cash deposit, the applicant may, upon approval by the road commissioner, annually file with the road commissioner an approved surety bond, issued by a company authorized to do a general surety business in the state, in a sum fixed by the road commissioner as sufficient to reimburse the county for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by the resolution of the board of supervisors.

(Ord. 280 § 42, 1963).

The road commissioner may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former conditions, subject to the schedules, if any, adopted by resolution of the board of supervisors.

(Ord. 280 § 43, 1963).

The condition of any bond or cash deposit made pursuant to Sections 12.08.200 through 12.08.250 shall be that the permittee will diligently and in good faith comply with all the terms of this chapter and the terms and conditions of the permit.

(Ord. 280 § 44, 1963).

Any bond or cash deposit required by the road commissioner pursuant to the provisions of Sections 12.08.200 through 12.08.250 shall be payable to the county and shall be filed with the road commissioner. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the road commissioner will release the bond or cash deposit.

(Ord. 1372 § 1, 1981: Ord. 280 § 45, 1963).

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 recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to approval of the road commissioner.

(Ord. 280 § 57, 1963).

Before beginning any work which includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, or 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. 280 § 51, 1963).

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. 280 § 52, 1963).

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. 280 § 54, 1963).

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.

B. Any omission on the part of the road commissioner 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 road commissioner 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. If, at any time, the road commissioner 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.

D. The warning signs, lights and other safety devices shall conform to the requirements of Section 21406 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the state.

(Ord. 280 § 50, 1963).

A. Upon completion of the work, acts or things for which a maintenance of encroachment permit was issued, or when required by the director, 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 specification. 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.

C. By acceptance of the permit, the permittee agrees to comply with the provisions of this section.

(Ord. 280 § 55, 1963).

A. 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 is used for usual highway purposes and not as a freeway; and this provision shall cease to apply when such highway becomes a freeway.

B. When removal or relocation is required, the road commissioner shall give the 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 the 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. 280 § 56, 1963).

If the work, use or encroachment authorized in a permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as approved by the road commissioner.

(Ord. 280 § 53, 1963).

A. 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.

B. 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. 280 § 58, 1963).

Backfilling and compaction of an excavation shall be in accordance with specifications established by the road commissioner and the most recently adopted Calaveras County Trench Restoration Policy.

(Ord. 280 § 59, 1963).

(Ord. No. 3136, 6-9-2020)

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. 380 § 60, 1963).

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 Department of Public Works of the state at the expense of the permittee.

(Ord. 280 § 61, 1963).

When authorized by a permit issued pursuant to Section 12.08.190 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. 280 § 62, 1963).

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

(Ord. 280 § 63, 1963).

A. Any person aggrieved by the refusal of a permit required by this chapter may appeal to the board of supervisors.

B. If the board of supervisors, after a hearing, finds all of the following to be true, the permit shall be granted:

1. That the applicant will be substantially damaged by the refusal to grant the permit as requested;

2. That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;

3. That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property.

(Ord. 280 §§ 65, 66, 1963).

A. Any person, firm, corporation or other body or association of persons who violates this chapter is guilty of a misdemeanor and is punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period of not more than one hundred eighty days, or by both.

B. Each day's violation of this chapter is a separate offense.

(Ord. 280 § 64, 1963).