Monterey County Municipal Code Ch. 14.04 Encroachments for Excavations, Construction and Special Events

A. As used in this Chapter, unless otherwise apparent from the context, words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural the singular. These words are defined for use in this Chapter:

Arterial Road. An "arterial road" means a major road, other than a freeway, primarily for through traffic, usually on a continuous route.

Bond. "Bond" means a surety to pay for any and all claims and losses whatsoever accruing or resulting to any and all persons, firms, public agencies, or corporations, or other entity arising out of or connected with the permittee's construction or conduct of a special event. The "bond" may be a cash deposit, a certificate of deposit, a letter of credit, a standby loan, a corporate surety bond or other form of security acceptable to the County for the performance without liability or unfunded cost to the County.

CHP. "CHP" means the California Highway Patrol.

County Highway. "County highway" means and includes all or any part of the entire width of right-of-way of any road, street, land, alley, way, place, or cul-de-sac maintained by the County and open to the use of the public for purposes of travel, whether or not such entire width is actually used for highway purposes, and whether or not it has been accepted into the County road system by resolution of the County Board of Supervisors. It also includes bridges, culverts, curbs, drains, ditches, and all works incidental to County highway construction, improvement, and maintenance.

Department. "Department" means the Public Works Department of the County of Monterey.

A "special event" includes, but is not limited to, activities such as parades, marathons, bicycle events, walkathons, marches, triathalons, festivals, farmer's markets, block parties, civic, and celebration activities. Construction and maintenance activities are not deemed special events.

B. Section headings, when contained in this Chapter, shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section.

(Ord. 3889, 1996; Ord. 1162 § 1, 1960)

A. When satisfied of an applicant's right or necessity, the Public Works Director may issue to him or her a written permit, which shall not be transferable, authorizing him or her 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 an encroachment;

3. Construct, grade, or place any driveway within a County highway; but no driveway shall be located within any portion of the normal curve returns of any intersection;

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

B. A person shall obtain a special event encroachment permit for any special event or similar activity conducted within, on, or across, any County highway which interferes with the unrestricted movement of public traffic, requires special traffic control, or cannot be conducted in such a manner as to fall under the permissive uses of the highway as set forth in the California Vehicle Code.

(Ord. 3889, 1996; Ord. 1162 § 8(2), 1960)

A. Application fees for encroachment by construction on the County highway or for a special event encroachment permit shall be as established from time to time by resolution of the Board of Supervisors. The special event encroachment fees shall include a permit fee and an administrative fee as part of a fee structure to defray costs involved in administering the permit, planning and coordinating traffic control for the event, and notice and conduct of applicable meetings, costs of inspection, and any field work needed to restore the County highway to a satisfactory condition.

B. Both the special event encroachment permit fee and administrative fee are nonrefundable. In the event the Department's cost for staff review and administration of the special event encroachment permit exceeds the amount collected as an administrative fee, the permittee shall pay the additional cost as set forth in the Fee Resolution.

C. The fees required herein are in addition to any fees, costs, or charges imposed by any other State or local agency related to the conduct of the special event.

(Ord. 3889, 1996)

Any person who, having violated any of the provisions of Section 14.04.020A, thereafter applies for a permit pursuant to this Chapter to do the act which constituted such violation shall pay a late issuance fee, in addition to the regular required fee, in such amount as may be fixed by resolution of the Board of Supervisors. No person shall be permitted to apply for, or obtain, a late issuance fee for a special event encroachment permit.

(Ord. 3889, 1996)

A. The Public Works Director may issue to any electric, telephone or telegraph public utility holding a valid franchise a blanket permit which shall be valid until revoked:

1. Installation of aerial service wires necessary to provide service to the public utility's customer;

2. Construction of minor pole extensions, not to exceed five poles, necessary to provide service to the public utility's customers.

3. Placing aerial wire or cable, together with anchors and guys, on existing poles or on new poles placed pursuant to Subdivision 2, above;

4. Normal maintenance, repairs and replacement of all types of utility facilities, except where excavation within a County highway, other than for pole and anchor installations, would be involved.

B. Such a blanket permit may be revoked by the Public Works Director for good cause.

(Ord. 1162 § 8(c), 1960)

A. When so placed or done as not to constitute a traffic hazard nor interfere with normal highway maintenance, the following things are authorized in a County highway without a permit:

1. Rural mail boxes of a type approved by the Postmaster, with or without a sign attached thereto, or to the mail box support, designating only the name and address, in letters and figures not exceeding four inches in height, of the person served by such mailbox;

2. Signs erected by public agencies and public utilities when reasonably required to designate the location of a public facility, or a public utility facility, or to promote public safety or other public purpose;

3. Historical markers, signs, or monuments, the erection of which has been first approved by the Board of Supervisors;

4. Planting in a parkway area behind a curb or flow line, when so maintained as not to hinder or impede pedestrian traffic;

5. Planting of crops when such crops are separated from the maintained portion of the highway by a fence for which a permit has been issued under this ordinance.

6. Activities which do not interfere with public traffic and which conform to the California Vehicle Code.

B. The Public Works Director may, in the manner provided in Section 14.04.160, require and enforce the removal of any of the things authorized by Subsection A of this Section, when, in his or her opinion, any of said things are so placed or done as to constitute a traffic hazard, or to interfere with normal highway maintenance, or otherwise to violate any of the conditions under which said things are authorized.

(Ord. 3889, 1996; Ord. 1162 § 7, 1960)

A. The Public Works Director shall indicate, in writing or by stamping the application, when the application is complete.

B. For special event encroachment permits, the Public Works Director shall coordinate meetings as necessary with the CHP, Sheriff, other local authorities, law enforcement agencies, CALTRANS, and with representatives of the applicant for all proposed special events. When the special event crosses jurisdictional boundaries, the Sheriff shall have overall law enforcement authority and shall coordinate traffic control with the CHP.

The purpose of the meetings is to determine the feasibility of locating the special event on the County highway, to identify safety issues, determine the number of personnel required, traffic control needs, the timing of the event, and other related matters. The Public Works Director will be responsible for scheduling these meetings.

C. In processing special event encroachment permits for annual civic events, including festivals and air shows; once they have established, to the satisfaction of the Road Commissioner,

1. A history of safe operation; and

2. There is no substantial change, from year to year, in:

a. The traffic control plan,

b. Signing,

c. The streets that are restricted or closed,

d. The circumstances under which the special event project is undertaken, and in

e. Other factors connected with the use of the County highways;

Applicants shall be permitted to rely, to the extent the Public Works Director deems feasible, on previously submitted information when submitting their application. Organizations shall submit a traffic control and signing plan to be kept on file at the Department and reviewed annually as required. Organizers will be required to coordinate with the CHP.

D. Applications for events which only affect the residents of a cul-de-sac who consent in writing to the road restriction or closure, such as a block party, may be subject to an abbreviated procedure as may be established by the Public Works Director.

E. The Public Works Director shall notify the applicant, in writing, of the approval, approval with conditions, or disapproval of the application.

(Ord. 3889, 1996)

This Chapter shall not apply to:

A. Any officer or employee of the County in the discharge of his or her official duties;

B. Any person performing construction work under contract with the County, or with the State, for work upon a County highway.

(Ord. 1162 § 5, 1960)

A. This Chapter shall not be construed to prohibit any act for which a permit is required when the performance of such act is reasonably necessary for the preservation of life or property in an emergency. In all such cases, however, the person performing such act shall promptly notify the Public Works Director and shall apply for a permit therefor at the earliest practicable time thereafter, in any event not later than the next succeeding day during which the office of the Public Works Director is open.

B. Any person who violates any of the provisions of this Section is guilty of a misdemeanor.

(Ord. 1162 § 6, 1960)

A. References to the CHP in this ordinance also apply to local police agencies or the County Sheriff where these local law enforcement agencies have jurisdiction. During special events which take place in more than one jurisdiction, the Sheriff shall have overall law enforcement authority and shall coordinate traffic control with the CHP. The CHP has primary responsibility for traffic control on all freeways and unincorporated highways.

B. Operational decisions or decisions in emergency situations may require that the roadway be reopened immediately. Such decisions shall be made by the CHP or Sheriff.

(Ord. 3889, 1996)

Application for a permit pursuant to this Chapter shall be:

A. Made in writing to the Public Works Director, in such form as he or she may prescribe, and shall, in addition to such other information as he or she may reasonably require to secure the purposes of this Chapter, set forth the name, address and principal place of business of the applicant, and, in detail, the exact location, dimensions and purpose of the proposed act or thing;

B. Signed by the applicant;

C. Accompanied by such plats or diagrams as the Public Works Director may require to secure the purposes of this Chapter;

D. Accompanied by evidence satisfactory to the Public Works Director that all necessary permits from other public agencies have been or will be obtained by the applicant;

E. Accompanied by evidence satisfactory to the Public Works Director that all necessary permission from abutting, or other property owners has been obtained by the applicant;

F. Accompanied by the required fees, in such amount as may be fixed by resolution of the Board of Supervisors.

G. Made at least ninety (90) days prior to the proposed event for a special event encroachment permit. Applications for events which only affect the residents who consent in writing to a road restriction or closure, such as a block party in a cul-de-sac, shall be made thirty (30) days prior to the proposed event. Applications for events which involve multiple jurisdictions or which require road closures, shall be submitted one hundred twenty (120) days prior to the proposed event.

H. Submitted with a traffic control plan when the application is for a special event encroachment permit. The traffic control plan, prepared by an individual knowledgeable in preparing such plans, shall include:

1. A general description of the event including location, date, and time of duration;

2. Maps showing the routes, starting and ending points, location of road closures, all routes proposed to be used as detours, and placement of directional, warning and informational signs;

3. Appropriate signing, signal reciting, and traffic control;

4. A discussion of impacts on all County highways including side roads, partial and total road closures, intersecting local roads, on and off ramps requiring closure, and other traffic control;

5. Information on the number and kind of event participants, including vehicle types, and, where applicable, support facilities and spectator facilities;

6. The agency who will provide traffic control;

7. Advance warning signs and traffic control devices for all road closures or restrictions of County highway. Such signs and devices shall conform to the "CALTRANS Manual of Traffic Controls."

8. Provision for well functioning communications equipment to be supplied by the permittee in sufficient quantity for use by all organizations involved in the event.

9. Evidence that all ingress and egress to the closed portion of any by participants and spectators shall be only as approved by the Public Works Director, the CHP, or Sheriff.

10. The signature of a licensed traffic engineer when the plan requires detours or road or ramp closures.

11. Other pertinent information, which will enable the County to confirm the availability of the County's facilities, determine the need for any preliminary meetings, and establish appropriate guidelines to be considered by the applicant in planning the event and that will assist in evaluating whether the permit should be granted, modified, or denied.

I. Accompanied by:

1. Evidence satisfactory to the Public Works Director or his or her designee that all necessary permits from other public agencies have been obtained or applied for by the applicant as set forth in Section 14.04.110;

2. Evidence satisfactory to the Public Works Director that all necessary permissions from abutting, or other property owners have been requested by the applicant as set forth in Section 14.04.110 and evidence that notice has actually been given before the application is approved;

3. Evidence of prior approval of the special event and location by the Sheriff's Department and CHP when required.

(Ord. 3889, 1996; Ord. 1162 § 9, 1960)

A. Any permit issued under the provisions of this Chapter may provide such terms and conditions as to the duration of the permitted encroachment and the location and manner and time in which any permit work is to be done as the Public Works Director finds necessary for the protection of the County highways and the safety of the traveling public.

B. Work performed under a permit involving an excavation or fill or roadway or driveway surfacing shall be maintained by the permittee for at least six months after completion, or for such longer period, up to one year after completion, as the Public Works Director may specify.

(Ord. § 10, 1960)

The Public Works Director 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 may be required to pay the reasonable cost of such supervision to the County, but no cost of supervision shall be charged by the Public Works Director to any public agency.

(Ord. 1162 § 11, 1960)

A. Every permittee shall:

1. Notify the Public Works Director at least forty-eight (48) hours, exclusive of Saturdays, Sundays and legal holidays, before starting any permit work;

2. Keep his or her permit, or a copy thereof, at the site of the permit work at all times when he or she is actually engaged in work thereat, and exhibit it to the Public Works Director, or his or her representative or any peace officer, upon demand;

3. Promptly remove all refuse, debris, equipment, and excess material from the site of the permit work upon its completion, and leave the premises in as presentable a condition as before the work started;

4. Place and maintain suitable warning lights, signs, barriers, devices, or flagmen, which be of the types specified in Section 21406 of the California Vehicle Code;

5. Deliver to the Public Works Director, upon his or her demand, after the completion of any permit work, a plan or drawing showing locations and details of permitted encroachments and connections, if any, to existing structures where such encroachments and connections d substantially from any plats and diagrams submitted with the application for a permit;

6. In all cases where he or she has disturbed the existing surface of a County highway, replace, repair or restore such highway in accordance with the terms of his or her permit. In case his or her permit contains no such terms, then he or she shall do such replacing, repairing, or restoring at his or her own expense promptly upon completion of his or her permit work, in a good and workmanlike manner as directed by the applicable provisions of this Chapter, to as good condition as before the permit work started; provided, however, that if the surface which was disturbed was a bituminous-surfaced roadway, such surface shall be replaced, repaired or restored with not less than one and one-half inches, compacted in thickness, of asphaltic concrete surfacing, over a minimum of six inches, compacted, in depth, of aggregate base material of a type approved by the Public Works Director;

7. Comply with all of the terms and conditions of his or her permit;

8. Comply with all construction standards and methods specified in this Chapter;

9. Store, place or deposit no material within five feet from the edge of the pavement or traveled way or within the shoulder line, where the shoulders are wider than five feet, of any County highway, without the prior approval of the Public Works Director;

10. Diligently pursue the permit work in such a way as not to cause an unreasonable interference or inconvenience to the traveling public.

B. The Public Works Director may revoke any permit issued pursuant to this Chapter whenever he or she finds that the permittee has violated any of the provisions of Subsection A of this Section.

C. Notification to Owners and Local Agencies for Special Event Encroachment Permits. The permittee shall be responsible for coordinating access for adjacent property owners and residents during the special event as follows:

1. For a restriction of the use of County highway, not amounting to a road closure, the permittee shall submit to County for approval, at least thirty-five (35) days prior to the event, a notification letter for the residents unless all residents have given their consent in writing. This letter must identify the nature, date, and times of the restriction and the correct procedure for accessing their property. Upon approval of the letter by the Public Works Director, the permittee shall distribute, at least thirty (30) days prior to the event, the letter to each resident who will be affected by the restriction of use . The letter shall state that the resident has only five working days from the date of distribution to appeal the grant of the special permit.

If more than one hundred (100) residents are entitled to notice, then the notice may be made by posting a notice pursuant to regulations established by the Public Works Director. If notice is given by posting, the posted notice must state that the resident has only fifteen (15) working days from the date of posting of the notice to appeal the grant of the special permit to the Public Works Director.

2. For a road closure, the permittee must give the foregoing notice and supply a signed consent letter from each adjacent resident signifying his or her accord with the road closure at least thirty (30) days prior to the special event. If, after diligent effort, the permittee is unable to procure a signature from every resident, the County may deny the permit, or may still authorize the road closure in recognition of public benefit from the closure.

3. The permittee shall also provide, prior to being issued a special events permit, evidence from local agencies involved in, or impacted by, the event that each such local agency concurs in holding the event and accepts the impacts on its jurisdiction. No special event permit will be issued without this concurrence. Concurrence in the form of a letter signed by a responsible official of the local agency is the preferable form of evidence of concurrence.

4. When required by the County to facilitate traffic control and the availability of adequate law enforcement and emergency services, the permittee shall notify all affected local law enforcement agencies, fire departments, ambulance, and other emergency services at least one week prior to the event. A copy of such notification shall be provided to the Public Works Director or his or her designee processing the permit.

D. Ancillary Support. When a special event is of such magnitude and nature as to require support facilities to provide participants lunch or rest breaks, or for informational or warning signs, then such facilities shall be located off the portion of the County highway ordinarily used for vehicular traffic, or in an area specifically designated in the special events permit. Permittee's and participants' vehicles and equipment essential to the conduct of the event shall be parked off the main traveled portion of the road so that equipment and individuals do not interfere with the free flow of pedestrians and emergency traffic.

E. Cleanup and Damage. The permittee is responsible for removal of all litter, debris and other material deposited within the County highway as a direct result of, or incidental to, holding any special event. Further, the permittee is responsible for the repair of any damage to any public or private facility within the County highway caused by, or incidental to, the holding of the special event. No special event activities that may knowingly cause damage to public or private property shall be allowed.

(Ord. 3889, 1996; Ord 1162 § 12, 1960)

Unless the permit provides otherwise:

A. All permit work shall conform to such of the following specifications as may be designated by the permit:

1. The Standard Specifications of the Department of Public Works of the State of California;

2. The Special Provisions for Encroachment Work, on file in the office of the Public Works Director.

B. No tunneling, ponding, or jetting shall be done.

C. With the exception of television cables laid in the highway pavement, no underground conduit, pipe, structure, or device shall be installed closer than two feet from the finished grade of any portion of the highway cross section.

D. Whenever, in the opinion of the Public Works Director, an open excavation for a facility crossing a County highway transversely would unduly restrict the public use of such highway, such facility shall be jacked or otherwise forced beneath the highway improvements without disturbing the surface of the highway, and in no case shall the excavation for jacking devices be closer than five feet from the edge of any highway improvement, or lie within a prism formed by one-to-one slopes from said improvement to the bottom of the excavation.

(Ord 1162 § 13, 1960)

Indemnity and hold harmless: an applicant shall agree to indemnify, defend, and save harmless the County, its officers, agents and employees, from and against any and all claims and losses whatsoever accruing or resulting to any and all persons, firms or corporations, and public and private property in connection with the encroachment or the conduct of the special event, unless arising out of the sole negligence or willful misconduct of County.

(Ord. 3889, 1996)

A. Before granting a permit under any provision of this Chapter, the Public Works Director may require the applicant to file with him or her a satisfactory bond, payable to the County of Monterey, in such amount as the Public Works Director deems sufficient, conditioned on the proper completion of the permit work in compliance with the provisions of this Chapter. In lieu of a bond, the Public Works Director may accept a cash deposit, conditioned as in the case of a bond. When this Chapter, or the terms of any permit issued under it, requires that the permittee guarantee and maintain the permit work for a period of time after the completion of such work, such bond, shall be deemed to be and remain in effect for such period of time. When a cash deposit has been accepted by the Public Works Director, in lieu of a bond, it, or such part of it as the Public Works Director may deem sufficient, shall be held as security for the performance of such guarantee and maintenance for such period of time.

B. Except as otherwise provided in this Section, such a bond shall not be required of any public agency 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 public agency 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 Public Works Director in any such permit.

C. The Public Works Director may require of any such public agency applicant a bond in a sum not to exceed twenty thousand dollars ($20,000.00), if such applicant has in fact prior to such application failed to comply with the provisions of this Chapter or with all of the provisions of a previous permit.

D. The minimum amount of the bond shall be as established from time to time by resolution of the Board of Supervisors. The bond will be held until it is determined by the Public Works Director that the affected County highways have not been damaged. Damage includes, but is not limited to, sign damage, roadway damage, costs of inspection, litter, and any field work needed to restore the County highway to a satisfactory condition. Any cost to repair damage will be a claim or demand against the permittee's bond. If the bond is a cash equivalent instrument, the cost of repair will be deducted from the amount of the bond.

(Ord. 3889, 1996; Ord. 1162 § 14, 1960)

If, in the opinion of the Public Works Director, the work proposed in any permit application entails any undue risk of injury, death or damage to any member of the public, he or she shall, prior to issuing such permit, require the applicant to file with him or her satisfactory evidence that the applicant is insured against all such risks, with such limits of coverage as the Public Works Director may direct. This Section shall not apply to any public agency authorized by law to establish or maintain any works or facilities in, under or over any public highway, nor to any public utility holding a valid franchise.

A. Insurance for Special Event Encroachment Permits. Without limiting permittee's indemnification, permittee shall maintain in force at all times during the conduct of the special event a policy or policies of insurance as follows and in the minimum limits of liability as stated herein:

1. Comprehensive general liability, including but not limited to premises, personal injuries, products, and completed operations for combined single limit of not less than one million dollars ($1,000,000.00) per occurrence.

2. Comprehensive automobile liability, including but not limited to property damage, bodily injury and personal injuries for combined single limit of not less than one million dollars ($1,000,000.00) per occurrence.

Liability policies shall provide an endorsement naming the County of Monterey, its officers, agents and employees as additional insureds and shall provide thirty (30) days notice to the County of Monterey in advance of cancellations, reductions in limits, or non-renewal of said policies.

Liability policies shall be endorsed to provide that such insurance is primary to any insurance or self-insurance maintained by the County and that no insurance of the additional insureds shall be called upon to contribute to a loss covered by permittee's insurance.

Certified copies of policies must be filed with the County Public Works Director five working days prior to the issuance of the permit. The insurance carried must be with established and reputable companies admitted to transact insurance business in the State of California and acceptable to the County. Acceptance or approval of insurance shall in no way modify or change the Indemnity and Hold Harmless Clauses in this agreement, which shall continue in full force and effect.

3. The Public Works Director may waive or modify the insurance requirement upon a finding of unusual circumstances in which the County Administrative Officer, Risk Management, and County Counsel concur.

(Ord. 3889, 1996; Ord. 1162 § 15, 1960)

Each applicant for a special event encroachment permit shall secure a release and waiver of liability from each person participating in the special event within the right of way or street area. The form of the release and waiver of liability shall be subject to the approval of County Counsel.

(Ord. 3889, 1996)

A. Every permit issued pursuant to this Chapter is issued subject to the right of the County, to be exercised through the Public Works Director, to revoke the same whenever any contemplated governmental use of a County highway, including the improvement, reconstruction, or repair thereof, necessitates the removal or relocation of any encroachment authorized by such permit. When the Public Works Director orders revocation in such cases, the permittee is required to remove such encroachment at his or her own expense.

B. The duty to remove or relocate an encroachment under this Section shall not run in favor of the State in the event that the highway involved becomes a State freeway.

(Ord. 1162 § 16, 1960)

When, pursuant to this Chapter, the Public Works Director determines that any permit should be revoked, any encroachment which was authorized thereby shall thereupon be deemed to be one without the authority of law, and the Public Works Director may require and enforce its removal by giving the notice and taking the action specified in those sections of Chapter 6, Division 2, of the Streets and Highways Code of the State of California which deal with encroachments.

(Ord. 1162 § 17, 1960)

A. Special events which require closing a County road will not be allowed on:

1. Arterial roads with no reasonable detour;

2. Arterial roads where there are alternate routes or locations for the special event less disruptive to traffic.

B. Two-directional lane closures may be permitted where cross streets are at a minimum and where adequate detours are available as approved by the County and CHP Emergency vehicle access shall be allowed at all times.

C. Special events will be permitted on County highway only if no feasible alternative exists for the event.

(Ord. 3889, 1996)

A. A decision of the Public Works Director granting or denying an special event encroachment permit may be appealed to the Board of Supervisors by any person aggrieved by the decision.

B. Such appeal shall be in writing.

1. An appeal by the applicant shall be filed with the Clerk to the Board of Supervisors within ten (10) days of the date on which the Public Works Director gives notice to the applicant of his or her decision.

2. An appeal by a resident, or other interested party, who will be affected by a restriction of use shall be filed with the Clerk to the Board of Supervisors within five working days of the date on which the applicant gives the notice set forth in Section 14.04.110C, Paragraph 1. If notice is by publication, then a resident has five working days from the termination of publication to file an appeal.

3. The appeal shall identify the appellant and the appellant's interest in the decision, the identity of the decision appealed and the conditions, if any, appealed.

4. The appeal shall set forth the specific reasons why the appellant disagrees with the decision made, or conditions imposed by, the Public Works Director, if the appellant disagrees with such decision or conditions.

5. The appeal shall set forth specific facts of the appeal in sufficient detail to notify interested persons of the nature of the proceedings, and to place interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense, opposition, or support without being subjected to surprise. The Clerk to the Board of Supervisors shall not accept an appeal if it is obvious on its face that it is incomplete or it is stated in generalities, legal or otherwise.

C. At the time of the filing of the appeal, the appellant shall pay an appeal fee in the amount set forth in the Monterey County Fee Resolution.

D. Upon receipt of the notice of appeal, the Clerk of the Board of Supervisors shall set a date for public hearing thereon and, with the assistance of the Public Works Director, shall give notice by mail thereof to the appellant, all affected public agencies, and all persons and entities to be noticed pursuant to Section 14.04.110 at least ten (10) days prior to the hearing on appeal.

E. The Board of Supervisors may reverse, affirm, in whole or in part, or modify the decision appealed from, and may make such order, requirement, or decision as may be necessary or appropriate to conform to State law, the Monterey County Code, or Board resolution. The determination of the Board of Supervisors shall be final.

(Ord. 3889, 1996)