Mariposa County Municipal Code § 12.04 County Roads

All county roads either under construction or undergoing current maintenance work may be closed by order of the director of public works and transportation.

HISTORY

Adopted by Ord. 156 on 10/25/1950

No person shall place in, under or over any portion of a county road any tower, pole, pole line, pipe, pipe line, fence, stand or building, or any structure or object of any kind or character not particularly mentioned herein, without first obtaining a written permit from the director of public works and transportation. The director of public works and transportation is granted the authority to establish reasonable standards of construction as a condition to the granting of a permit.

HISTORY

Adopted by Ord. 156 Sec.4 on 10/25/1950 Amended by Ord. 469 Sec. B(53) on 11/15/1977 Amended by Ord. 1127 Sec. II on 8/15/2017 12.04.060 Violation--Penalty

Violation of any provision of this chapter shall constitute an infraction and shall be punishable under Chapter 1.20, the general penalty provisions, of this code.

HISTORY

Adopted by Ord. 156 Sec. 6 on 10/25/1950 Amended by Ord. 431 Sec. 2 (part) on 9/14/1976 Amended by Ord. 469 Sec. B(9) (part) on 11/15/1977 12.04.080 Closing Or Restricting The Use Of County Highways

The Mariposa County director of public works and transportation, pursuant to Street and Highways Code section 942.6, shall have the delegated powers contained in Streets and Highways Code section 942.5 as follows:

1. The Mariposa County director of public works and transportation may restrict the use of, or close, any county highway whenever the director of public works and transportation considers such closing or restriction of use necessary:

   1. For the protection of the public;

   2. For the protection of such county highway from damage during storms;

   3. During construction, improvement or maintenance operations thereon;

2. No liability shall attach to the county, or to the director of public works and transportation, for the restriction of use, or closing, of any county highway for the public purposes set forth in subsection A of the section.

HISTORY

Adopted by Ord. 519 Sec. 1 on 7/17/1979 Amended by Ord. 552 Sec. 1 on 8/12/1980 Amended by Ord. 1127 Sec. II on 8/15/2017 12.04.090 Issuance Of Permits; Authorized Acts

The director of public works and transportation may issue written permits, authorizing the permittee to do any of the following:

1. Make an opening or excavation for any purpose in any county highway or public easement that has been accepted by the board on behalf of the public.

2. Place, change or renew an encroachment.

3. Place or display in, under or over any county highway or public easement 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 director of public works and transportation 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 in this state.

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

Any person who does any of the acts specified in this section, without the authority of such permit, is

guilty of a misdemeanor and is liable to the county for all expenses and damages caused thereby.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013

Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the highway, or public easement that has been accepted by the board on behalf of the public, 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 director of public works and transportation finds necessary for the protection of the highway/public easement.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017

Any permit issued to a public agency or a public utility having lawful authority to occupy the highways/public easements shall contain a provision that in the event the future improvement of the highway/public easement necessitates the relocation of such encroachment the permittee will relocate the same at its sole expense. In said event the director of public works and transportation shall serve on the permittee his written demand specifying the place of relocation, and specifying a reasonable time within which the work of relocation must be commenced. The permittee must commence such relocation within the time specified in said demand and thereafter diligently prosecute the same to completion.

All permits other than those issued to public agencies or a public utility having lawful authority to occupy the highways/public easements are revocable on five days’ notice and the encroachment must be removed or relocated as may be specified by the director of public works and transportation in the notice revoking the permit and within a reasonable time specified by the director of public works and transportation unless the permit provides a specified time.

Public utilities may be required, within a reasonable time, to relocate such of their facilities as interfere with an enlarged public use of the highway, except in those cases where the enlarged use of the highway/public easement involves a state freeway.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 12.04.093 Supervision Of Work; Costs

The director of public works and transportation may, but is not required to, supervise any work done under any permit issued under the provisions of this chapter, in which event the permittee shall pay the reasonable cost of such supervision to the director of public works and transportation, but no cost of supervision shall be charged by the director of public works and transportation to any public corporation, provided, however, this section shall not operate to prevent charges made pursuant to Government Code section 6103.6.

1. Permittees may excavate openings in county highways/public easements to make repairs in cases of emergency requiring immediate action. In such cases the appropriate representative of the director of public works and transportation shall be promptly notified of any such action, and such permittee, at

his own expense, shall immediately replace such county highway/public easement in as good condition as before such excavation.

2. A public agency supplying water service to its inhabitants may, within its corporate limits, excavate a county highway/public easement without a permit in cases of emergency requiring immediate action; but in such cases the county highway/public easement shall, at the expense of the public agency, be replaced in as good condition as before such excavation.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017

The director of public works and transportation may require the applicant to file with the director of public works and transportation a satisfactory bond payable to the people of the county in such amount as the director of public works and transportation deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this chapter.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017

Except as otherwise provided in this section, such a bond shall not be required of any public agency or public utility having lawful authority to occupy the highways/public easement which is authorized by law to establish or maintain any works or facilities in, under or over any public highway/public easement, nor shall the application of any such public agency or public utility for a permit be denied.

The director of public works and transportation may require of any such applicant a bond in a sum not to exceed twenty thousand dollars ($20,000), 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.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017 12.04.096 Blanket Permits

Any city, municipal utility district, municipal water district or public utility having lawful authority to occupy the highways is entitled to a blanket permit issued by the director of public works and

transportation,renewable annually, for the installation of its service connections and for ordinary maintenance of its facilities located or installed in county highways/public easements; but the director of public works and transportation 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 public utility is entitled to a permit only on furnishing a bond as provided in section 12.040.093.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017 12.04.100 Definitions

As used in this chapter:

1. The term "highway" includes all or any part of the entire width of right of way of a county highway or public easement that has been accepted by the board on behalf of the public, whether or not such entire area is actually used for highway purposes.

2. The term "encroachment" includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any county highway/public easement.

The director of public works and transportation may immediately remove, or by notice may require the removal of, any of the following encroachments:

1. An encroachment which obstructs or prevents the use of a county highway/public easement by the public.

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 excepted by Subdivision (c) of Section 1460 of the Streets and Highways Code of the State of California. The director of public works and transportation may return such sign or device to its owner, or otherwise dispose of it in his discretion, except that if the director of public works and transportation determines in good faith that the sign or other device is of more than nominal value he shall not effect such other disposition until he has made a reasonable attempt to identify and notify the owner of the sign or device and provided a reasonable time for the owner to retrieve it under provisions of this section. The return of such sign or device to its owner may be conditioned upon payment of an amount sufficient to reimburse the director of public works and transportation for the expense of removal. The director of public works and transportation 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 of public works and transportation, the expense of such removal, and any other damages caused by the encroachment.

HISTORY

Adopted by Ord. 1127 Sec. II on 8/15/2017 12.04.102 Notice To Remove Encroachment

The director of public works and transportation may, by notice, require the removal of any other encroachment not specified in section 12.040.101 from any county highway/public easement.

HISTORY

Adopted by Ord. 1127 Sec. II on 8/15/2017 12.04.103 Service Of Notice; Contents

The notice referred to in sections 12.040.101 and 12.040.102 shall be served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence of such occupant, owner or person if he 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. The notice shall specify the breadth of the highway/public easement, the place and extent of the encroachment, and shall require the removal of such encroachment within 10 days.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017 12.04.104 Penalty For Noncompliance; Summary Removal

If the encroachment is not removed, or its removal not commenced and diligently prosecuted, prior to the expiration of 10 days from and after the service or posting of the notice, the person causing, owning, or controlling the encroachment forfeits three hundred fifty dollars ($350) for each day the encroachment continues unremoved. The director of public works and transportation shall immediately remove an encroachment that effectually obstructs and prevents the use of the highway/public easement by vehicles.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 12.04.105 Action For Abatement Of Encroachment; Penalty

If the encroachment is denied, and the owner or occupant of the land, or the person causing, owning or controlling the alleged encroachment refuses either to remove it or permit its removal, the director of public works and transportation shall commence, in a court of competent jurisdiction, an action in the name of the county to abate the encroachment as a nuisance. If the director recovers judgment he or she may, in addition to having the nuisance abated, recover a penalty of three hundred fifty dollars ($350) for each day the nuisance remains after service or posting of notice, and also the costs in the action, as provided in section 12.040.104.

HISTORY

Adopted by Ord. 1100 Sec. I on 11/5/2013 Amended by Ord. 1127 Sec. II on 8/15/2017 12.08 Obstructions