El Dorado County Municipal Code Art. I In General

This chapter shall be known and may be referred to in all proceedings as the County Road Encroachment Ordinance.

(Prior Code, § 11,2111; Code 1997, § 12.08.010)

The ordinance from which this chapter is derived is enacted pursuant to Streets and Highways Code § 942 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.

(Prior Code, § 11,212; Code 1997, § 12.08.020)

State Law reference— Authority of Board of Supervisors to enact and enforce ordinances and regulations for the construction, improvement or maintenance of County highways, Streets and Highways Code § 942.

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

County highway means any road included within the maintained County highway system, as provided in Streets and Highways Code § 2121, 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.

Encroachment means any thing or action with respect to a County highway for which a permit is required by the provisions of this chapter.

Excavation means the moving of any earth, rock, paving, concrete or other materials on or under any portion of the right-of-way of a County highway or land adjacent thereto.

Obstruction means any tower, pole, pole line, pipe, pipeline, fill, fence, billboard, sign, stand or building, or any structure or object of any kind or character not particularly mentioned in the foregoing, which is placed in, under or over any portion of the right-of-way of any County highway.

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.

(Prior Code, § 11,213; Code 1997, § 12.08.030)

1. 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, except that an encroachment permit shall be required for all overloaded vehicles not owned by the County using County highways;

C. The United States;

2. Provided that the encroachment permit reflects that upon revocation of the permit by the County a new encroachment will be allowed at a place satisfactory to both parties. The permittee in such case shall receive ten days' notice of the County's intent to revoke.

(Prior Code, § 11,214; Code 1997, § 12.08.040)

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

(Prior Code, § 11,215; Code 1997, § 12.08.050; Ord. No. 3766, § 29, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the general penalties described in Chapter 1.24. Each day any violation of this chapter continues shall constitute a separate offense punishable as provided in this section.

(Prior Code, § 11,216; Code 1997, § 12.08.060)

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 Transportation, pursuant to Streets and Highways Code § 1483 and Civil Code § 3494; abatement by actions authorized by Penal Code § 373a and Chapter 6, Division 2 of the Streets and Highways Code; and by suit for injunction.

(Prior Code, § 11,217; Code 1997, § 12.08.070; Ord. No. 3766, § 30, 1987; Ord. No. 5051, § 2, 4-18-2017)