Fresno County Municipal Code Ch. 13.08 Private Improvements Within Road Rights-of-Way

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State Law reference— For statutory provisions authorizing counties to issue written permits for the placement or maintenance of excavations, encroachments, etc., on county highways, see Str. & Hys. Code § 1460 et seq.

It is unlawful for any person, public utility, municipal corporation or special district to construct, install or cause to be constructed, installed or repaired, any road surfacing, sidewalk, crosswalk, curb, gutter, driveway approach, cattleguard, railroad crossing, overhead pipeline or underground conduit, or make any excavation on, in or under any existing or proposed county maintained road or any improved public road not in the county's maintained road system, as defined in Chapter 10.35 of this code, without first securing a permit therefor as provided in this chapter.

(Ord. 89-022, § 1; Ord. 520-A-7, § 1, 1973; prior code, § 380)

A. Permits, as required by Section 13.08.010, shall be issued by the director of public works. Such application shall be in writing and shall be signed by the permittee or his authorized representative. The application shall set forth the nature of the project, its exact location, dimensions, plot plan and profile as the circumstances may require. The application shall conform in every respect to the improvement standards applicable to the road then in force and effect. The director of public works, as a condition to the issuance of a permit, may require such person to provide the county with security in an amount not greater than one hundred percent of the cost of constructing the work to insure to the county its performance to the satisfaction of the county. Such security shall be in the form of cash deposited with the county or in an approved irrevocable escrow, a surety bond or other approved security determined to be its equivalent by the county counsel. If the road is maintained by the county, then the security shall be for the benefit of, and be payable to, the county. If the road is maintained by a county service area or special district, the security shall be payable to the county for the benefit of such county service area or special district.

B. A fee to cover the cost of inspection shall be paid at the time of the issuance of the permit in an amount established by resolution of the board of supervisors. A public utility, municipal corporation or special district may be issued a permit without immediate payment but shall be required to pay for such permit not later than thirty days after billing.

(Ord. 89-022, § 1; Ord. 520-A-7, § 1, 1973; prior code, § 381)

Whenever a permittee fails to comply with the conditions established for the exercise of an encroachment authorized under a permit issued under the provisions of this chapter, the director of public works may revoke such permit. Upon its revocation, the permittee shall restore the road to the director of public works' satisfaction within the time established by the director. If the permittee fails to restore the road within the time specified after the revocation of the permit, the permittee shall thereafter be assessed a fee of one hundred dollars a day for each day of failure to restore the road, as liquidated damages to the county, or to the account of county service area or special district if such is responsible for maintenance, and the highway user for noncompliance with the provisions of the permit. In the alternative, at the sole discretion of the director of public works, the county may elect to restore the road at the expense of the permittee or his surety. The remedy for noncompliance with a permit as provided in this section shall be an addition to any other remedy authorized by state law or this chapter.

(Ord. 89-022, § 1; Ord. 556, § 1, 1973; prior code, § 382)