12-1 GENERAL PROVISIONS. [2]

2 Editor’s Note: For the statutory provisions regarding encroachments on roads, see Streets and Highways Code, §1450 ff. For the authority to require and grant permits, see Streets and Highways Code, §1460 ff. For the provisions regarding obstructions and injuries to highways, see Streets and Highways Code, §1480 ff.

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

City Engineer shall mean the Director of the Engineering Department, who is charged with the responsibility of Road Commissioner and Surveyor.

Encroach shall mean and include 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.

Permittee shall mean 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 City Engineer. All obligations, responsibilities, and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment.

Public highway shall mean 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 Town system of public highways, except highways forming a part of the State highway system or of the County street system.

Right-of-way shall mean 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.

Any permit granted under this chapter shall not annul the right of the Town 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.

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

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

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

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

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

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

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

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

g. 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.

No application will be accepted, nor any permit issued:

• a. For constructing or maintaining a loading platform within or on the right-of-way; or

b. For erecting, using or maintaining a post, pole, column, or structure for the support of advertising signs within or on the right-of-way; or

c. For erecting, using, or maintaining advertising signs which overhang the right-of-way. Any such encroachment is illegal.

This chapter 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 (10) calendar days, beginning with the first business day the Town offices open. Any person requiring an emergency use or encroachment shall first notify the City Engineer’s office. During the hours the Town offices are closed, notice shall be given to the Danville Police Department.

Any person aggrieved by the refusal of a permit required by this chapter may appeal to the Planning Commission. Administration of this chapter is referred to the Planning Commission.

If, in addition to the requirements of Chapter II, the Planning Commission finds all of the following to be true, the permit shall be granted:

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

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

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

12-1.9 Removal of Encroachments.

a. Removal . The City Engineer 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 . He may sell, destroy or otherwise dispose of such an encroachment if it is unclaimed for ten (10) days after its removal.

c. Claims . Any person signing a verified claim of ownership may claim such an encroachment from the City Engineer for ten (10) days after its removal, by paying an amount sufficient to reimburse the Town for the costs of removal as established by Council resolution.