Fresno County Municipal Code Ch. 10.35 Obstructions and Damage to Improved Public Roads Not in County's…

The board of supervisors finds that:

A. There are many miles of improved public roads not within the county's maintained road system but which are maintained by county service areas or special districts;

B. These roads are frequently plagued by parked motor homes, trailers, persons camping, and other assemblages that restrict or prohibit passage on such roads;

C. These roads are frequently damaged by persons who use tractors or trenchers to install pipelines or for other purposes and who do not restore the roads to their prior condition upon completion of the work, thereby creating a needless and unfair financial burden upon the county service area or special district for the cost of maintaining such roads;

D. The obstructions and damage to these roads create traffic hazards, thereby threatening the health and safety of the users of these roads and adjoining landowners and residents; further, as to those roads maintained by county service areas or special districts, unauthorized damage to the roads by individuals who do not bear the full cost of restoring such roads is an unnecessary drain on public resources, thereby threatening the general welfare of the people.

(Ord. 89-021, § 1)

A. "Director," as used in this chapter, means the director of the public works and development services department, or his or her designee.

B. Encroachment. As used in this chapter, "encroachment" includes any structures or objects of any kind or character placed, without the authority of law, either in, under or over any improved public road not in the county's maintained road system. An encroachment "without authority of law" includes those not authorized by a permit issued by the director pursuant to Chapter 13.08 of this code. For purposes of this chapter, a parked or abandoned vehicle is not an encroachment subject to removal as provided herein; rather parked or abandoned vehicles are subject to removal pursuant to the procedures set forth in Chapters 11.08 and 11.44 of this code.

C. "Improved public road not in the county's maintained road system," as used in this chapter, means any improved roadway or nonexclusive easement, which is maintained in a county service area or special district established for the purpose of road maintenance, which has been dedicated for public use or that has been open to and used by the public for ingress and egress, including all or any part of the entire width of right-of-way of such roadway or easement, whether or not such entire area is actually used for roadway purposes. "Improved public road not in the county's maintained road system" shall not include roadways or easements that have been accepted into the county-maintained road system pursuant to Streets and Highways Code § 941, or state highways, roads owned and maintained by a community services district, alleys and unimproved dedicated easements for road purposes.

(Ord. 89-021, § 1)

It is unlawful and is a public nuisance for any person to place, cause, suffer or permit to be placed, caused or suffered any encroachment in, under, upon or over any improved public road not in the county's maintained road system.

(Ord. 89-021, § 1)

A. The director may immediately remove, or cause to be removed, or by notice may require the removal of, any of the following encroachments:

1. An encroachment which obstructs or prevents the use by the public of an improved public road not in the county's maintained road system;

2. An encroachment which consists of refuse;

3. An encroachment which is a traffic hazard;

4. An encroachment which is an advertising sign or device of any description, unless it is a notice posted in the manner required by law or by the order of any court of this state. The director may return such sign or device to its owner, or otherwise dispose of it in his or her discretion.

B. The director may recover from the person causing any of the above encroachments, in an action brought in the name of the county for that purpose, the court costs of the director, the expense of such removal and any other damages caused by the encroachment.

(Ord. 89-021, § 1)

A. The director may, by notice, require the removal of any other encroachment not specified in Section 10.35.030 from any public road not maintained by the county.

B. The notice referred to in Section 10.35.030 and in this section shall be personally served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or mailed to the owner of record at the owner's last known address by first class mail, return receipt requested, or shall be left at the place of the residence of such occupant, owner, or person if he or she resides in the county and is known to the person giving such notice. If the person upon whom notice is to be served does not reside in the county, the notice shall be posted on the encroachment with a copy mailed to the owner of record, by first class mail, return receipt requested, at the owner's last known address. The notice shall specify the width of the road, the place and extent of the encroachment, and shall require the removal of such encroachment within ten days.

(Ord. 89-021, § 1)

If the owner, occupant of the land or the person causing, owning or controlling the alleged encroachment denies that an encroachment exists and refuses either to remove it or permit its removal, the director shall commence, in any court of competent jurisdiction, an action in the name of the county to abate the encroachment as a public nuisance. If the director recovers judgment he may, in addition to having the nuisance abated, recover a penalty of one hundred dollars for each day such nuisance remains after personal service, mailing or posting of notice, and also the costs in the action.

(Ord. 89-021, § 1)

If the owner, occupant of the land, or the person causing, owning or controlling the alleged encroachment does not deny that an encroachment exists, but does not remove it within ten days from and after personal service, mailing or posting of the notice, the director may remove the encroachment at the expense of the owner or occupant of the land, or the person causing, owning or controlling the encroachment. The director may recover from such owner, occupant or person, in an action brought in the name of the county for that purpose, the director's court costs and the expense of removal and also a penalty of one hundred dollars for each day the encroachment remained after service or posting of the notice.

(Ord. 89-021, § 1)

Violation of any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall constitute an infraction.

(Ord. 89-021, § 1)