Chapter 1002-2 — GENERAL PROVISIONS

Sections:

1002-2.002 - Definitions.

As used in this title the following words and phrases shall have the meanings given in this section:

(1)

"Public highway" means the full width of the surfaced or traveled portion, including shoulders, 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.

(2)

"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 for road or highway purposes.

(3)

"Encroach" includes going on, over, or under, or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

(A)

Excavating or disturbing the right-of-way;

(B)

Erecting or maintaining any post, sign, pole, fence, on, over, or under the right-of-way;

(C)

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

(D)

Placing or leaving on the right-of-way any rubbish, brush, earth, or any material;

(E)

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

(F)

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;

(G)

Lighting or building a fire within the right-of-way;

(H)

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.

(5)

"Director" means the director of public works, who is charged with the responsibility of road commissioner and surveyor.*

(6)

"Permittee" means any person, firm, company, corporation, association, public agency, or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the director. All obligations, responsibilities, and other requirements of the permittee as described in this title shall be binding on subsequent owners of the encroachment.

(Prior code § 7500: Ord. 1121: Ord. 1000).

* For director of public works as statutory office, see Section 24-22.002, this code.

1002-2.004 - Right of lawful use.

Any permit granted under this title 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.

(Prior code § 7501: Ord. 1000).

1002-2.006 - Exception — County officers.

This title shall not apply to any officer or employee of this county in the discharge of the officer's or employee's official duties.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 7502: Ord. 1000).

1002-2.008 - Act requiring permit.

No person, firm, corporation, or association, without first obtaining a written permit, shall:

(1)

Encroach or make any encroachment within, on, over, or under the limits of any right-of-way;

(2)

Make any alteration within, on, over, or under right-of-way;

(3)

Construct, put on, maintain, or leave on a right-of-way any obstruction or impediment;

(4)

Cut, or trim trees or set a fire on a right-of-way;

(5)

Place on, over or under a right-of-way any pipeline, conduit, or other fixture;

(6)

Move over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by this 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

(7)

Place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment so as to endanger the normal usage of the right-of-way.

(Prior code § 7503: Ord. 1000).

1002-2.010 - Unacceptable permit applications; exception.

(a)

Prohibition. No application will be accepted, nor any permit issued for constructing or maintaining a loading platform within or on the right-of-way; or for erecting, using, or maintaining a post, pole, column, or structure for the support of signs within or on the right-of-way; or for erecting, using, or maintaining signs which overhang the right-of-way. Any such encroachment is illegal.

(b)

Exception. Notwithstanding subsection (a) of this section, the following may be permitted within a right-of- way:

(1)

A sign on a structure that is used solely as a bus shelter;

(2)

A directional sign that complies with Chapter 88-6 of this code.

(Ord. No. 2022-03, § VIII, 5-24-22; Ord. 93-30 § 6, 1993: Ord. 1669: prior code § 7504: Ord. 1000).

1002-2.012 - Emergency work authorization.

This title shall not prevent any person from performing emergency maintenance on any pipe or conduit lawfully on or under any right-of-way, or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use or encroachment of a right-of-way shall apply for a written permit within ten calendar days, beginning with the first business day the county offices open. Any person requiring an emergency use or encroachment shall first notify the director's office. During the hours the county offices are closed, notice shall be given the sheriff's office.

(Prior code § 7505: Ord. 1121: Ord. 1000).

1002-2.014 - Appeal to board of adjustment.

Any person aggrieved by the refusal of a permit required by this title may appeal to the board of adjustment. Administration of this title is referred to the board of adjustment under Chapter 26-2.

(Prior code § 7506: Ord. 1000).

1002-2.016 - Conditions for granting permit.

If, in addition to the requirements of Chapter 26-2, the board of adjustment 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 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.

(Prior code § 7507: Ord. 1000).

1002-2.018 - Removal of encroachments.

(a)

Removal. The director may immediately remove an encroachment which is an advertising sign or device of any description, except a notice posted as provided by law or court order.

(b)

Disposition. The director may sell, destroy or otherwise dispose of such an encroachment if it is unclaimed for ten days after its removal.

(c)

Claims. Any person signing a verified claim of ownership may claim such an encroachment from the director for ten days after its removal, by paying an amount sufficient to reimburse the county for the costs of removal as established by board resolution.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 74-74: S.&H.C. § 1480.5).