Glenn County Municipal Code § 15.12 Encroachment Permits

It is unlawful to do any of the following acts in any county road right-of-way without first obtaining an encroachment permit from the Public Works Director:

1. Make an opening or excavation for any purpose in any county roadway.

2. Place, change or renew any encroachment in any county roadway.

3. Place or display in, under or over any county roadway any kind of advertising sign or device.

4. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any county roadway.

Any person who does any of the acts specified in this section without the authority of a permit is guilty of a misdemeanor and is liable to the county for all expenses and damages caused thereby. (Ord. 1212 § 2, 2009; 1183 § 2, 2006)

HISTORY

Adopted by Ord. 1329 on 6/4/2024

Every permit issued under this Division must require the permittee to, and every permittee, regardless of the existence of any such requirement in the permit, must, defend, indemnify, and hold harmless the County of Glenn and its Board of Supervisors, officers, and employees, to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for property damage, personal injury, or death sustained by any person as a result of the encroachment or activity for which the permit was issued.

HISTORY

Adopted by Ord. 1329 on 6/4/2024 15.12.020 Permit Conditions

The Public Works Director may establish any permit conditions deemed necessary for the protection of the highway and may supervise any work done under the provisions of such permit. (Ord. 1212 § 2, 2009)

HISTORY Adopted by Ord. 1329 on 6/4/2024 15.12.030 Security To Guarantee Performance

The Public Works Director may require the applicant to provide a bond or adequate surety in such amount as the Public Works Director deems sufficient to guarantee proper compliance with the conditions of the permit; but no bond nor adequate surety shall be required of a public agency or public utility unless that public agency or public utility has failed to comply with provisions of a previous permit. (Ord. 1212 § 2, 2009)

HISTORY Adopted by Ord. 1329 on 6/4/2024 15.12.040 Reserved

HISTORY Adopted by Ord. 1329 on 6/4/2024 15.12.050 Fees

A. The permittee shall pay the reasonable cost of County supervision of the permitted work to the Public Works Director. Such supervision costs shall be determined, from time to time, by the Board of Supervisors and listed in the Glenn County Master Fee Schedule. B. Public Utility Companies: 1. In addition to the encroachment permit fee set forth in the Glenn County Master Fee Schedule, the permittee may be required to pay the actual County costs of providing inspection for and other work related to tree removal and the placement of underground facilities, including, but not limited to, water lines, sewers, telephone lines, power lines, gas lines, electrical transmission lines, communication lines, pipelines and cables that are placed within the right-of-way limits of the County roads. The cost of inspection and other related work shall be chargeable to the owner of the utility. 2. Upon completion of the work, if the County's cost is less than the amount of the deposit, the County shall either refund any amount remaining from the deposit after the County's cost has been deducted or apply the amount remaining to a future permit. If the County's cost exceeds the amount of the deposit, the permittee shall pay an additional amount to fully compensate the County for its cost. C. Public Agencies, special districts (as defined by Government Code section 16271(d)) providing public utility services, or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may upon request and at the discretion of the Director of Public Works, be invoiced (billed) for the above-referenced fees and charges. HISTORY Adopted by Ord. 1329 on 6/4/2024

Any special district (as defined by Government Code section 16271(d)) providing public utility services, or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may obtain a permit from the Public Works Director, valid for one (1) year from the date of issuance, permitting the following:

1. Trim, brace, or perform such other acts with respect to trees, except removal, growing upon the public highways within the unincorporated areas of the County, or which grow upon private property, to the extent that such trees encroach upon the public highways, as may be necessary to maintain the safe operation of its business.

2. Conduct emergency repairs.

C. The Public Works Director may revoke any such annual permit if the permittee fails to comply with the provisions of this chapter, and/or Streets and Highways Code, Division 2, Chapter 5.5, Article 2, and/or the terms and conditions of any permit. When any such permit is revoked, such person is entitled to a permit only on furnishing a bond as provided in Streets and Highways Code section 1467, as amended from time to time, unless the revocation is reversed by the Board of Supervisors or a court of law. HISTORY Adopted by Ord. 1329 on 6/4/2024 15.12.070 Permit Exceptions In the case of an emergency by a public utility requiring an immediate encroachment and/or excavation upon a County right-of-way when the Glenn County Public Works Department is not open, the person making the emergency encroachment and/or excavation shall make application for a permit on the next business day following the encroachment and/or excavation whether the work has been completed or not.

HISTORY Adopted by Ord. 1329 on 6/4/2024 15.12.080 Fee Exemptions

4. All municipal corporations.

5. All school districts.

6. All special districts organized under state law.

• B. The Director may issue a permit without fees in any of the following circumstances:

1. Where the work to be done has been requested by the County in connection with proposed public works, when no inspection of the encroachment work is required.

   2. Where the permit is for a long-term encroachment, as described in this Chapter.

   3. Where the work is done by entities listed in this section for routine maintenance in the roadway, where there is no excavation in the roadway.

4. When a special event is hosted by a non-profit organization

HISTORY

Adopted by Ord. 1329 on 6/4/2024

A. The Public Works Director has the authority to remove or require removal of all unpermitted encroachments in the right-of-way, regardless of how long the encroachment has been in place.

• B. The Public Works Director may issue a permit for any previously unpermitted encroachment that the Public Works Director determines is a long-term encroachment. The Public Works Director may also issue a permit for any permanent encroachment.

C. Where a property owner has been issued a permit for a long-term encroachment or a permanent encroachment, as authorized by this Chapter, the permit must require the property owner to, and the property owner must, record the encroachment permit, including the conditions described in Section 15.12.020, with the County Recorder as an encumbrance on the parcel. Notwithstanding any provision to the contrary, a long-term encroachment permit and its conditions will run with the parcel and be binding on any successor owner of that parcel. If a permittee fails to record a long-term encroachment permit or permanent encroachment permit as required by this subdivision, that permit will automatically terminate upon any conveyance of the parcel.

D. A "long-term encroachment" means an encroachment immediately adjoining that parcel, where the encroachment has been in existence for so long, and is of such a nature, that the encroachment is not dangerous to users of the right-of-way.

E. A "permanent encroachment" means an encroachment, other than a utility, installed by the owner of either the servient parcel or the nearest adjacent parcel at the location of the encroachment, that is intended to remain in the right-of-way for an indefinite period.

HISTORY

Adopted by Ord. 1329 on 6/4/2024