Lassen County Municipal Code Ch. 10.50 Encroachment Permits

Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the interpretation of this chapter.

"Encroachment"

means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand, driveway, building excavation or any structure or object of any kind or character not particularly mentioned in this section, which is placed in, under or over any portion of the entire width of right-of-way of a county highway within the county of Lassen, whether or not such portion is actually used for highway purposes.

"Highway"

means and includes all or any part of the entire width of right-of-way of a county highway, whether or not such area is actually used for highway purposes.

"Person"

means any person, firm, partnership, association, corporation, district or organization.

(Ord. 526 § 2, 1995)

The road commissioner of the county may issue written permits authorizing the permittee to do any of the following acts:

(a) Make an opening or excavation for any purpose in any county highway.

(b) Place, change or renew an encroachment.

(c) Place or display in, under or over any county highway any kind of advertising sign or device. Any such sign or device placed or displayed contrary to the provisions of this section is a public nuisance and the county road commissioner may immediately remove it. The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state.

(d) Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any county highway.

(Ord. 526 § 2, 1995)

Notwithstanding that encroachment permits shall be required for all encroachments into the county highway, no road improvements shall be required under the following circumstances:

(a) Existing driveways that were approved by the county of Lassen;

(b) Minor development improvements which do not result in significant changes in land use or traffic;

(c) Existing driveways that are the same type of composition as the county roadway to which they encroach;

(d) Nothing contained herein shall excuse compliance with road improvements required pursuant to the county subdivision road standards or applicable general/specific plan.

(Ord. 526 § 2, 1995)

The board reserves the authority and right to establish, by resolution, a schedule of fees for the engineering review and inspection of work performed under the authority of a written permit issued pursuant to the provisions of this chapter.

(Ord. 526 § 2, 1995)

Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the highway in as good condition as before, and may provide such other conditions as to the location and the manner in which the work is to be done as the county road commissioner finds necessary for the protection of the highway.

(Ord. 526 § 2, 1995)

Any act done under the authority of a written permit issued pursuant to the provisions of this chapter shall be done in accordance with the applicable provisions of this chapter and the terms and conditions of such permit.

(Ord. 526 § 2, 1995)

Any permit issued to a permittee shall contain a provision that in the event of the future improvement of the highway, necessitating the relocation or removal of such encroachment, the permittee will relocate or remove the same at his sole expense. In such event, the county road commissioner shall serve on the permittee a written demand specifying the place of location or that the encroachment must be removed from the highway and specifying a reasonable time within which the work of relocation shall be commenced. The permittee shall commence such relocation or removal within the time specified in the demand and thereafter diligently prosecute the same to completion. All permits other than those issued pursuant to Section 10.50.130 are revocable on five days' notice and the encroachment shall be removed or relocated as may be specified by the county road commissioner in the notice revoking the permit and within the time specified by the county road commissioner, which time shall not be less than five days unless the permit so provides.

(Ord. 526 § 2, 1995)

The county road commissioner shall not directly supervise any work done under permit issued under the provision of this chapter. Control of work done under this chapter shall be limited to engineering review of plans required for issuance of the permit and inspection of work to insure compliance with permit requirements.

(Ord. 526 § 2, 1995)

Permittees may excavate openings into county highways to make repairs in cases of emergency requiring immediate action. In such cases the appropriate representative of the county road commissioner's office shall be promptly notified of any such action and such permittee, at his own expense, shall immediately replace such county highway in as good condition as before such excavation. A city or public corporation supplying water service to its inhabitants may, within its corporate limits, excavate a county highway without a permit in cases of emergency requiring immediate action; but in such cases the county highway shall at the expense of the city or public corporation be replaced in as good condition as before such excavation.

(Ord. 526 § 2, 1995)

Before granting a permit under the provisions of this chapter, the county road commissioner may require the applicant to file with him a satisfactory bond, or a cash deposit equal to the amount of the bond, payable to the county in such an amount as he deems sufficient to insure proper compliance by the permittee with the provisions of this chapter.

(Ord. 526 § 2, 1995)

Public utilities corporations shall annually file with the county road commissioner of the county a faithful performance bond covering all permits required under this chapter by the public utilities corporations for each year in such amounts as the county road commissioner deems sufficient, conditioned upon the proper compliance by the corporations with the provision of this chapter.

(Ord. 526 § 2, 1995)

Except as otherwise provided in this section, a bond shall not be required of any city, public corporation or political subdivision which is authorized by law to establish or maintain any works or facilities, in, under or over any public highway, nor shall the application of any such governmental unit for a permit be denied. Every such applicant is entitled as a matter of right to a permit, but is otherwise subject to the provisions of this chapter and to all reasonable conditions and provisions made by the county road commissioner in any such permit.

The county road commissioner may require of any such applicant a bond in a sum not to exceed twenty thousand dollars if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit.

(Ord. 526 § 2, 1995)

Any city, municipal utility district, municipal water district or metropolitan water district is entitled to a blanket permit renewable annually for the installation of its service connection and for ordinary maintenance of its facilities located or installed in county highways; but the county road commissioner may revoke any such blanket permit if the permittee fails to comply with the provisions of this chapter. When any such permit is revoked in a proper case such municipal utility district, municipal water district or metropolitan water district is entitled to a permit only on furnishing a bond as provided in Section 10.50.120.

(Ord. 526 § 2, 1995)

(a) No person shall encroach, or permit or caused to be placed any encroachment, into a county highway without first having obtained a valid encroachment permit.

(b) No person who has obtained a valid encroachment permit shall violate any terms or conditions imposed therein.

(Ord. 526 § 2, 1995)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the County Jail for a period of not more than thirty days and/or by a fine of not more than two hundred and fifty dollars.

(Ord. 526 § 2, 1995)