Mendocino County Municipal Code Ch. 15.20 Encroachment Upon County Highways

This Chapter shall be known as the "Mendocino County Encroachment Chapter."

(Ord. No. 319, Sec. 1, adopted 1950, as amended by Ord. No. 423, adopted 1961.)

The purpose of this Chapter shall be deemed to supplement Sections 1480 to 1496, inclusive, of Chapter 6, Division 2 of the Streets and Highways Code.

(Ord. No. 319, Sec. 2, adopted 1950, as amended by Ord. No. 423, adopted 1961.)

(A) No person shall construct new road or driveway approaches to any County highway, install any culvert or pipe within the right of way of any County highway, or perform any other work within the right of way of any County highway, without first securing a permit for that purpose, from the Road Department of the County of Mendocino. Where the construction of any road or driveway approach will obstruct the normal drainage of any County highway, culverts or drain pipes shall be installed under the approach.

(B) The cost of the culvert or drain pipe and the installation thereof shall be borne by the person or persons making the application, but the installation will be done under the supervision of the Road Department.

(C) The size and location of any culvert or drain pipe shall be determined by the County Road Department.

(D) The penalties for violation of this Chapter are the same as provided in Chapter 6, Division 2 of the Streets and Highways Code.

(E) Before granting a permit pursuant to the provisions of this Chapter, the County Road Department shall require each applicant to file with the department a certificate showing the maintenance of insurance, and naming the County as an additional insured, to cover the liability of the permittee for property damage and injuries to persons in connection with the work sought to be done under the permit. The liability limit of such insurance shall be in an amount no less than one million dollars ($1,000,000.00), combined single limit, which limit may be increased for a permit in the discretion of the County Road Department, and upon final approval by the Chief Executive Officer or his or her designee, based on the costs and hazards involved in the work sought to be performed, and which may be decreased by the County Road Department, and upon final approval by the Chief Executive Officer or his or her designee, for a permit pursuant to County policies to be adopted by the Board of Supervisors.

(Ord. No. 319, Sec. 3, adopted 1950, as amended by Ord. No. 423, adopted 1961.)

(Ord. No. 4393, 9-12-2017)

All work projects conducted under the provisions of this Chapter shall be subject to inspection by the County Road Commissioner and the County Surveyor, or any other person duly authorized by the Board of Supervisors. The cost for said inspection shall be chargeable to the district and/or contractor who is authorized in accordance with this Chapter to encroach upon County highways. Said district and/or contractor shall post a bond in an amount recommended by the County Road Commissioner and County Surveyor as approved by the Board of Supervisors, which shall be effective from the time of the issuance of the permit of encroachment, until one (1) calendar year after the date of the filing of the Notice of Completion for said work project.

(Ord. No. 319, Sec. 4, adopted 1950, as amended by Ord. No. 423, adopted 1961.)