Mono County Municipal Code Ch. 13.04 Encroachments and Excavations

As used in this chapter:

A. "Encroachment" 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 subsection, which is placed in, under or over any portion of the entire width of right-of-way of a county highway;

B. "Highway" includes all or any part of the entire width of right-of-way of a county highway, road, street or alley, whether or not such entire area is actually used for highway purposes;

C. "Person" means any person, firm, partnership, association, corporation, district or organization;

D. "Road commissioner" means the county director of transportation. As provided in Section 2.28.035 of this code, the director of public works is, ex officio, the county director of transportation;

E. "Signs" and terms related to signing and advertising are as defined in the Outdoor Advertising Act, Section 5200 et seq. of the Business and Professions Code, laws of the state.

(Ord. 06-05 § 3 (part), 2006; Ord. 93-02 § 2, 1993; Ord. 417 § 1, 1971.)

A. It is unlawful for any person to make any encroachment in, under, over or on any county highway without first having obtained written permit from the county road commissioner. The road commissioner is authorized to issue written permits, as provided herein, authorizing the permittee to do any of the following acts:

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

2. Place, change or renew any encroachment;

3. Place or display in, under or over any county highway any kind of informational sign or device when such sign or device informs the public of some unique geographical feature or natural phenomena. Any sign or device placed contrary to the provisions hereof is a public nuisance and may be removed immediately. Nothing herein contained shall prohibit the posting of any notice in the manner required by law or by the order of any court of this state;

4. Plant, remove, cut down, injure or destroy any tree, shrub, plant or flower growing along such county highway.

B. The permit or a copy thereof shall be kept at the job site during construction and/or installation.

(Ord. 417 § 2, 1971.)

The following are exceptions to Section 13.04.020:

A. Those building permit applications for porches, decks, garages, agricultural buildings, and such other additions or remodeling projects which do not allow for, or would permit, increased occupant densities. Applications shall be submitted requesting that an exception be granted. The director of public works shall receive the request for exception and, upon proper finding, issue the exception.

(Ord. 81-417-A § 2, 1981.)

A. The placement of any mailbox in the right-of-way of a county highway is an encroachment for which a permit is required under this chapter, regardless of the mailbox's design, materials, or manner of construction. The term "mailbox" includes not only the box or receptacle into which mail is placed, but also the supporting post, pole, or other structure attached to the receptacle, any concrete or other foundation at the base of the post, pole, or structure, and any objects placed at or near the base for adornment or aesthetic enhancement.

B. An application for an encroachment permit with respect to a mailbox should generally be granted as long as all of the following criteria are met: (1) the mailbox's design and construction complies with official standards or guidelines of the United States Postal Service and will easily give way in the event it is struck by a car, truck, snowplow, or other motor vehicle; (2) the location of the mailbox will not interfere with the County's road maintenance, snow removal or snow storage, nor with reasonable public use of the right-of-way, including but not limited to public parking; and (3) the mailbox will not otherwise create a safety hazard in the opinion of the director of roads. One example of a generally-acceptable design, construction, and location of a mailbox for purposes of meeting the above criteria is a standard, metal mailbox mounted to the top of a four-inch by four-inch wooden post, which is set back six to eight inches from the front face of the curb or road edge to the mailbox door, buried no more than twenty-four inches, and with the total height of the mailbox assembly above the road surface of between forty-two and forty-eight inches.

C. In the event an application for an encroachment permit with respect to a mailbox is denied, the applicant may appeal that decision to the board of supervisors by filing a written request for the appeal with the clerk of the board of supervisors within thirty days after the decision and paying any applicable fee the county may have duly established for such an appeal. The board's review of the matter shall be de novo and the board may consider any evidence and make any decision with respect to the appeal as it deems proper, including allowing a variance from the standard mailbox criteria set forth above for good cause shown and subject to such conditions of approval (if any) as the board may impose in its sole discretion. In no event shall the board be required to grant a requested permit or variance.

D. In issuing an encroachment permit for a mailbox, the county assumes no responsibility or liability for the mailbox in the event of any damage to the mailbox from any cause whatsoever nor for any damage or injury to any person or property allegedly caused by or resulting from the mailbox or by its presence in the county right-of-way. Any mailbox for which a permit has been issued shall be repaired as necessary (including in the event it is damaged for any reason) and maintained by the permit holder or his or her successor-in-interest in a safe and functional condition. Furthermore, the design and manner of construction of a mailbox shall not be modified after issuance of a permit without the prior, written consent of the County. Any failure to properly repair or maintain a mailbox, and any modification of a mailbox without the County's consent, shall constitute grounds to revoke the encroachment permit for the mailbox. The County may include any of the foregoing as express conditions of approving any application for an encroachment permit, but any absence of such conditions in a permit shall not constitute a waiver of this subsection.

E. The provisions of this section are intended to be declarative of existing law as of the date this section was adopted.

F. Notwithstanding the foregoing, any mailboxes already existing in a county right-of-way as of June 3, 2014, without an encroachment permit may continue to exist and be repaired and maintained in their current condition without an encroachment permit. But an encroachment permit shall be required in order to change the design, construction, or location of such an existing mailbox.

(Ord. No. 14-02, § 1, 6-3-2014)

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 provisions of this chapter and the terms and conditions specified in the permit.

(Ord. 417 § 3, 1971.)

Any permit issued pursuant to the provisions of this chapter shall 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 the road commissioner may require for the protection of the highway.

(Ord. 417 § 4, 1971.)

A city, public corporation, political subdivision or special district may, at the discretion of the road commissioner, be issued a blanket permit, renewable annually, for the installation of service connections and for ordinary maintenance of its facilities located or installed in county highways, but this permit may be revoked at the discretion of the road commissioner if the permittee fails to comply with the terms of this chapter and of such permit.

(Ord. 417 § 5, 1971.)

Persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's costs of administering this chapter.

(Ord. 00-02 § 2, 2000: Ord. 82-417-B § 1, 1982: Ord. 81-488-A § 1, 1981: Ord. 81-417-A § 1, 1981: Ord. 80-488 § 1, 1980: Ord. 74-446 Art. III § 17, 1974; Ord. 417 § 6, 1971.)

Each permittee shall be required to furnish a bond or cash deposit sufficient to defray the cost of repairing the highway, the amount thereof to be specified in the permit.

(Ord. 417 § 7, 1971.)

Any person violating any of the provisions of this chapter is civilly liable in damages to the county for the reasonable value of the cost or removal of any encroachment and the cost of the repair of any county highway. Such action may be maintained by county road commissioner for and on behalf of the county.

(Ord. 417 § 8 (part), 1971.)

The provisions of this chapter may be enforced by any peace officer, the county road commissioner or any person duly authorized.

(Ord. 417 § 10, 1971.)