Chapter 5 — REGULATING ROADWAY ENCROACHMENTS

For the purpose of this Section, the following words and phrases have the meanings respectively ascribed to them by this Section.

A.

Applicant means any person, firm corporation or entity and includes any property owner and contractor, if applicable, who makes written application to the Department of Public Works for an excavation or encroachment permit hereunder.

B.

Board means the Board of Supervisors of the County of Nevada.

C.

County Highway. The term "county highway" includes all or any part of the entire width or right-of-way of a county-owned, controlled and/or maintained highway, street, road or alley and the space over it and the ground under it, including, but not limited to, bridges culverts, curbs, and drains and all works incidental to such construction, improvement, and maintenance, whether or not such entire area is actually used for vehicular, bicycle, or pedestrian purposes. The term "county highway" shall also include all County Service Area ("CSA") roads which are owned and/or maintained by the CSA. If right-of-way is by prescription, a highway encompasses that area which has historically been used for the public travel including any shoulders, drainage ditches and/or facilities and any turnouts.

D.

Department means the Department of Public Works of the County of Nevada.

E.

Encroachment means any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, sign, billboard, stand or building, or tree within the county highway, or any activity that can obstruct the free use of the county highway by the public. The term shall also include any excavation or other construction or work activity within the County highway or the placement of any structure or object in, under or over any portion of the county highway, or any activity which may cause water to back onto any portion of the county highway, or which may obstruct maintenance of or travel on the county highway.

F.

Excavation means the removal of material and any opening in the surface except an opening into a lawful structure below the surface, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the county highway.

Permittee means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach on a county highway as defined in this Section and has been issued a permit for encroachment by the Department. All obligations, responsibilities and other requirements of the permittee as described in this Chapter shall be binding on subsequent owners of the encroachment.

(Ord. 2238. (05/29/2007); Ord. 2526. (06/13/2023))

No person, firm, company, corporation, association, public agency or organization shall do or cause to be done any of the following without first obtaining an encroachment permit (hereinafter referred to as a "permit") therefor from the County and complying with all conditions thereof and all provisions of this Section:

A.

Fill or excavate a county highway.

B.

Install, construct, cut into, improve, or remove any sidewalks, driveways, curbs, gutters, walls, culverts, road approaches, or road surfacing, or install, repair or remove any facilities or substructures in, on, over, or under any county highway. Notwithstanding the above, routine repair, asphalt overlays or sealing of an existing, previously permitted driveway serving a single-family residence does not require an encroachment permit when such driveways are pre-existing and the access onto the county highway is basically the same and creates no new drainage or traffic hazard.

C.

Place, change or reconstruct an encroachment.

D.

Place or display in any county highway any kind of sign or device. Any such sign or device placed or displayed contrary to the provisions of this Section is a public nuisance, and the Department of Public Works may immediately remove it. The provisions of this Section shall not prohibit the posting of any notice required by law or by the order of any court of this State.

E.

Plant, remove, trim, injure or destroy any tree or shrub in a county highway.

F.

Obstruct travel on or public use of the county highway.

(Ord. 2526. (06/13/2023))

Applications for encroachment permits shall be made in writing or electronically upon forms furnished by the Department and approved by the Director of the Department. The form shall be filed with the Department and shall set out the following in detail, where applicable:

A.

Name and residence or business address and phone number of the applicant.

B.

Name and residence or business address and phone number for person to be hired by applicant to do the proposed work. If this information is not known at the time of application, the permittee shall provide said information to the Department prior to the start of work by the person hired to do the work.

C.

Location, dimensions, purpose, extent and nature of the proposed encroachment.

D.

Such other information as may be needed by the Department such as engineering calculations, cross- sections, profiles, etc.

E.

The applicant shall also enclose with, attach to, or add to the application copies of the written order or consent to any work under the permit required by law of the Public Utilities Commission, sanitary districts, water districts, or any other public body having jurisdiction. A permit shall not be issued until the order or consent, if required, is first obtained and evidence of it filed with the Department. All permits shall constitute a revocable license to use the county highway and may be revoked on five (5) days' notice, and the encroachment must be removed or relocated as may be specified by the Department in a notice revoking the permit and within the time specified by the Department, which time shall not be less than five (5) days, unless the permit so provides.

F.

The permittee at all times shall comply and shall cause all their agents and employees to comply with all such laws, ordinances and regulations, decisions and orders of the court or similar authoritative orders.

G.

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit, when required by the Department, of a size and in the quantity that it may prescribe, on which shall be plainly shown all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right and necessity of the applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on the map, plat, sketch, diagram or similar exhibit, and these items will become an integral part of the permit.

H.

As a condition to the issuance of an encroachment permit, the permittee shall be required to indemnify and defend the County and all of its officers, agents and employees against any loss, liability, claims, demands, actions or suits of any and every kind and description arising or resulting from or in any way connected with or proximately caused by the permittee's encroachment activity and/or the result of violation by them or their agents or employees of any law, ordinance, regulation, or order issued under police power and in accordance with the law.

(Ord. 2526. (06/13/2023))

It shall be unlawful to construct or maintain a loading platform within the county highway or to erect, use or maintain any post, pole, column or structure for support for any sign or structure, including any advertising sign, political sign, real estate sign, event sign, private sign or to make any marking within the county highway, other than temporary survey or construction markings.

(Ord. 2526. (06/13/2023))

Unless waived pursuant to this Section, before granting a permit under the provisions of this Chapter, the Department shall require the applicant to post with the Department adequate security, in the form of cash or a satisfactory bond payable to the County of Nevada, in such amount as the Department deems sufficient to reimburse the County for costs of restoring the county highway to its former condition.

The Department may require a new or additional bond or cash deposit at any time that evidence indicates the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the county highway to its former condition or when, in the Director's judgment, there is a need for a bond. Any bond or cash deposit required by the Department under this Section shall be payable to the county and shall be filed with the Department. On satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the Department of Public Works shall release the bond or cash deposit on the expiration of ninety (90) days.

The Department of Public Works may waive the provisions of this Chapter relating to cash deposit or surety bond for permits required under this Chapter upon satisfactory proof by certificate of insurance that the permittee is adequately insured to assure reimbursement to the County for repair of any damage caused to County property.

In the event any applicant shall refuse to pay any fees, costs or charges due under this Chapter, the Department may, at its discretion, proceed against the surety to collect such fees, costs or charges. The Department may, in addition, suspend any permit or refuse to issue any new permits to an applicant with unpaid fees, costs or charges due on any job.

(Ord. 2526. (06/13/2023))

A bond shall not be required of any public agency or public utility having lawful authority to occupy the county highways which is authorized by law to establish or maintain any works or facilities in, under or over any county highway, nor shall the application of any such public agency or public utility for a permit be denied; however, the Department may require a bond in an amount to be set, from time to time, by resolution of the Board of Directors, if such public utility or public agency has previously failed to comply with this Chapter or with the provisions of a previous permit.

(Ord. 2526. (06/13/2023))

Any city, municipal utility district or public utility having authority to occupy the county highways is entitled to a blanket permit issued by the Department and renewable annually for the installation of its service connections and for ordinary maintenance of its facilities located or installed in county highways; however, the Department may revoke any such blanket permit if the permittee fails to comply with the provisions of this Chapter. When any such permit is revoked, an encroachment permit may be issued only upon the furnishing of a bond as provided in Section 16.05.050 of this Code.

(Ord. 2526. (06/13/2023))

The Department may issue a single permit for any number of encroachments which are part of a single project or single job.

(Ord. 2526. (06/13/2023))

The Department may refuse to issue a permit including to any applicant who is in default of any terms or conditions of any prior permit issued by the Department.

(Ord. 2526. (06/13/2023))

An encroachment permit shall not be required of the State of California Department of Transportation (aka Caltrans) provided that the Sheriff, the California Highway Patrol, local emergency services and the Department of Public Works for the County of Nevada are all notified two (2) weeks in advance, and they do not object to the same.

(Ord. 2526. (06/13/2023))

A.

Fees shall be paid for all applications for and upon the issuance of any encroachment permit in such amounts as set out in the latest adopted resolution by the Board of Supervisors.

B.

Fees will not be required for encroachment permits, provided placement is first approved by the Board of Supervisors, authorizing the placement of:

Historical markers; or

Bus stops installed as a community service by a non-profit or service organization.

(Ord. 2526. (06/13/2023))

Encroachment permits issued pursuant to this Chapter shall be deemed to be a personal entitlement and are nontransferable; provided, however, that any permit issued for the work associated with the development of any real property shall be allowed to be transferred to the subsequent owner of the real property, provided adequate security (as otherwise required by this Chapter) is provided before the work is commenced.

(Ord. 2526. (06/13/2023))

The permittee shall keep any permit issued under this Chapter at the site of work, and the permit must be shown to any authorized representative of the Department or law enforcement officer on demand.

A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee; provided, however, that a copy thereof shall be kept at the site of the work and shall be shown to any authorized representative of the Department or law enforcement officer within a reasonable time after demand.

(Ord. 2526. (06/13/2023))

A.

Unless otherwise noted on the permit, all encroachment work performed on any county highway shall conform to the County standard plans and specifications. In the absence of established County standard plans and specifications, the encroachment work shall conform to the standard plans and specifications of the State of California issued by the State Department of Transportation. In the absence of County or State standard plans and specifications, all encroachment work shall conform to recognized standards of construction and approved practices.

B.

All encroachment work above shall be subject to approval of the County Department of Public Works.

C.

The permittee shall comply with all State and Federal laws and local ordinances and regulations which affect the permit.

D.

No person shall prevent or obstruct any officer or employee of the Department from making any inspection, taking any sample or making any test pursuant to this Chapter.

(Ord. 2526. (06/13/2023))

No changes shall be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit except on written authorization by the Department.

The Department may approve a revision only upon the written request by the permittee or, on its own initiative, the Department may revise or revoke any permit as it deems necessary in order to protect the interest of the County or for the convenience or safety of the public. Such revision shall become effective immediately upon personal service or two (2) days after deposit in the United States mail.

(Ord. 2526. (06/13/2023))

Any applicant or permittee may appeal any decision denying the issuance of an encroachment permit or any decision to revise, suspend or to revoke a permit to the Board by filing a notice of appeal with the Clerk of the Board of Supervisors within ten (10) calendar days from the date of any such decision by the Department, on a form to be provided by the county, and by paying any applicable fees. Any such appeal shall be scheduled and decided in accordance with the procedure established for Appeals in Section 12.05.120 in the Nevada County Code. The appeal shall be denied where the Board finds that the encroachment adversely affects the interest of the County or the convenience or safety of the public.

(Ord. 2526. (06/13/2023))

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the Department finds that delay in beginning, prosecuting or completing the work or use is due to lack of diligence by the permittee or is otherwise adversely affecting the interest of the County or the convenience or safety of the public, the Department may cancel the permit and order the permittee to immediately restore the county highway to its former condition. In the event that the permittee fails to immediately and properly restore the county highway to its former condition, the county may undertake such work and the permittee shall be responsible for all expenses incurred by the Department in restoring the county highway, plus an additional fifteen percent (15%) as administrative costs.

If the work or use is not completed and accepted by the Department within the time stated in the permit, the permit shall become void unless before its expiration the time for completion has been extended, in writing, by the Department. Where the permit authorizes the construction of any encroachment within the county highway, following the completion of the construction and inspection and approval by the Department, the permit shall be valid for a continuing encroachment until revoked by the County and shall be subject to the terms of maintaining a valid permit pursuant to Section 16.05.300.

The permittee, or successor in interest thereto, shall be responsible for the cost of relocation or removal or any encroachment.

(Ord. 2526. (06/13/2023))

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the Department in writing on a form prescribed by the Department. No work shall be deemed completed without such notice.

(Ord. 2526. (06/13/2023))

Whenever the Department finds that there has been a failure to comply with any of the provisions of this Chapter or any of the terms and conditions contained in any permit or that the encroachment adversely affects the interest of the County of Nevada or the convenience or safety of the public, the Department may suspend or revoke the permit by notifying the permittee in writing, which shall be personally delivered to the permittee or deposited in the United States mail, addressed to the permittee at the address shown on the application form. The suspension or revocation shall be effective immediately upon personal delivery to the permittee or their representatives, employees, agents or contractors at the work site or their place of business. Alternatively, the suspension or revocation shall be effective two (2) days after deposit in the mail. No work may be performed under any suspended or revoked permit unless it is reinstated by the Department.

(Ord. 2526. (06/13/2023))

This Chapter shall not prevent any person from performing emergency maintenance on any pipe, pipeline, or conduit or electrical line lawfully existing within the county highway or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises. Whenever any such emergency work is performed within the county highway, the person(s), firm, entity or contractor responsible for such work shall apply for a written permit on the next business day the county offices are open. Any person requiring an emergency use or encroachment shall first notify the Department. During the hours the county offices are closed, notice shall be given to the Sheriff's Office.

(Ord. 2526. (06/13/2023))

The permittee shall take appropriate measures to assure that during the performance of the work, traffic conditions shall be maintained at all times as near normal as practical so as to minimize inconvenience to the occupants of the abutting property and to the general public. The Department may permit the closing of the county highway for specific periods of time if it is necessary, and the Department may require the permittee to give notification to any interested persons before such closing. The permittee shall provide safe access for each road and to each parcel of land. The permittee shall provide watchpersons, signs, barricades, railings, lights, and other safety devices as specified by the California Manual on Uniform Traffic Control Devices (CA MUTCD) and any other safety devices necessary for the safe passage of persons or vehicles using the County highway. Any omission on the part of the Department to specify in the permit that protective measures or devices shall be provided, erected or maintained by the permittee or the fact that the Department may not specify sufficient protective measures or devices shall not excuse the permittee from complying with all requirements of law and appropriate regulations for adequately protecting the safety of the traveling public, or from taking such action as may be necessary to reasonably safeguard the public. If, at any time, the Department finds that suitable safeguards are not being provided, the Department may direct the permittee to immediately take additional steps to safeguard the site of the encroachment and the public's use of the right-of-way or, where in the Department's judgment it is necessary for the Department to take immediate steps to provide any such safeguards, the Department may provide, erect, maintain or relocate the safeguards deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all of which shall be at the expense of the permittee.

(Ord. 2526. (06/13/2023))

Whenever the Department determines that the location or position of a pole or other obstruction requires accentuation of its visibility to vehicular traffic, the Department may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Transportation of the State of California, at the expense of the permittee. No pole shall be allowed closer than eight (8') feet from the edge of the traveled way without the express written permission from the Department of Public Works.

(Ord. 2526. (06/13/2023))

No material shall be stored within eight (8') feet of a county highway. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work is carried forward unless otherwise approved, in writing, by the Department.

(Ord. 2526. (06/13/2023))

Each permittee shall conduct and carry out work permitted hereunder in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce noise, dust, mud and unsightly debris to the fullest extent practicable in the performance of the work.

(Ord. 2526. (06/13/2023))

The permittee shall protect adjoining property from injury by providing proper foundations and shoring or such other action as may be prudent. The permittee shall not enter upon or do any work on private property without first obtaining the express written consent of the property owner. The permittee shall be responsible for all damage to any roads or other public or private property, real and personal, resulting from the performance of the permittee's work.

(Ord. 2526. (06/13/2023))

Any survey or other monument set for the purpose of locating or preserving the lines of any county highway or property subdivision, or a precise survey reference point, or a permanent survey bench marker within the county shall not be removed or disturbed or caused to be removed or disturbed without first obtaining written permission from the Department. Before monuments, reference points and bench markers are disturbed or removed, they shall be tied out by a licensed surveyor or Registered Civil Engineer or under the directions of same. After completion of the work, the monuments, reference points and benchmarks shall be accurately reset at the expense of permittee.

(Ord. 2526. (06/13/2023))

All poles located within the county highway shall maintain the clearances set out in and shall be constructed in accordance with the rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction over any such poles.

No new pole or replacement pole shall be set in such a manner that it creates a traffic hazard or is within the clear recovery zone (as defined by Caltrans). No pole shall be allowed closer than eight (8') feet from the edge of the traveled way without the express written permission from the Department of Public Works.

No guy wires shall be attached to trees unless specifically authorized in the permit, and in no event shall guy wires be attached to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders and regulations of the Public Utilities Commission.

The permittee shall remove and keep clear all vegetation on the county highway within a radius of five (5') feet of poles when requested by the Department.

When a pole, guy, stub or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted.

(Ord. 2526. (06/13/2023))

Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, driven, or otherwise forced underneath the paved surface. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.

(Ord. 2526. (06/13/2023))

All mailboxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the county highway as to endanger the life or safety of the traveling public. A permit is not required for the placement of mailboxes, not including pillars that are sometimes used to house mailboxes.

(Ord. 2526. (06/13/2023))

Upon the completion of the work authorized by any permit, or at such earlier time as the Department may direct, the permittee shall restore the county highway to as good condition as it was before the work began. The Department may provide such other conditions as to location and the manner in which the work is to be done as the Department finds necessary for the protection of the county highway and/or the protection or convenience of the public. Should the permittee fail to promptly restore the county highway, the Department may perform such work and charge the permittee for all costs incurred. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. Upon request by the Department, the permittee shall immediately repair or redo any work performed in the county highway that the Department finds to be defective or substandard or which may have created a nuisance or hazard in any portion of the county highway. If the permittee fails to act promptly or if the Department finds that the public convenience or safety requires that the work be done immediately, the Department may proceed to do the repair or replacement work, and the permittee shall be charged the actual costs thereof, plus fifteen percent (15%) as administrative costs.

If the encroachment authorized in a permit interferes with the established drainage, the permittee shall provide for proper drainage as approved by the Department.

(Ord. 2526. (06/13/2023))

As excavation work progresses, all county highways shall be immediately and thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department. From time to time, as may be ordered by the Department and, in any event, immediately after completion of work, the permittee shall, at the permittee's own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so

within twenty-four (24) hours after having been notified to do so by the Department, the work may be done by the Department and the cost thereof charged to the permittee.

(Ord. 2526. (06/13/2023))

In the event that the Department determines that it is necessary, any encroachment maintained within the county highway shall be relocated by and at the expense of the permittee, their successor or the owner of the encroachment. In said event, the Department shall serve on the permittee its written demand specifying that the encroachment must be removed from the county highway and specifying a reasonable time within which the work of relocation must be commenced. The permittee shall commence such relocation or removal within the time specified in said demand and thereafter diligently execute the same to completion.

(Ord. 2526. (06/13/2023))

Applications for permits to plant trees and vegetation in the county highway shall be made on forms prescribed by the Department. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees/vegetation in a neat, healthy, and safe condition to the satisfaction of the Department and an agreement to remove the trees as directed by the Department and to pay the cost of removal on the permittee's failure promptly to remove trees on direction of the Department. The application shall show the exact location and kind of trees/vegetation to be planted, and no change shall be made either in the location or kind of trees without the written approval of the Department.

No hedge, shrub or other planting whatever shall be maintained in a manner so as to interfere with or obstruct any sidewalk or area within the county highway which is used or susceptible for use as a walkway or path. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel which is separated from the surface of the road use by motor vehicles. No encroachment will be permitted or maintained which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the county highway of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

Other provisions of this Chapter notwithstanding, it is lawful for a person, firm or corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass type not otherwise prohibited by law within the county highway without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way or shoulder area nor into the drainage ditches, gutter or other drainage facilities.

The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The county may use the planted area for any purpose and may issue a permit to any applicant to go on the planted area to perform work or otherwise encroach under this Chapter. If the lawn or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise.

All vegetation placed in the county highway shall be maintained by the permittee or the permittee's successor in interest in a neat, healthy and safe condition to the satisfaction of the Department and at no

expense to the county. If the encroachment is not located or maintained as specified in this Section, the Department may direct the permittee to remove the encroachment and restore the county highway to its former condition at the expense of the permittee; if the permittee fails to promptly remove the encroachment as directed, the Department shall have the right to remove it and collect the cost of removal from the permittee, together with all of the county's costs and expenses in enforcing collection. No tree/plant shall be planted in the county highway if the tree/plant will impede or inconvenience public travel, create an existing or future safety problem, unduly disturb the county highway, interfere with the construction or maintenance of necessary facilities, or interfere with the existing pipelines, utility installations, or other facilities lawfully placed within the county highway.

(Ord. 2526. (06/13/2023))

When a tree is removed under authority of a permit, the entire stump shall be taken out for a depth of at least two (2') feet below the ground surface unless otherwise specified in the permit, and the site and the county highway restored to its former condition.

(Ord. 2526. (06/13/2023))

No fence or similar structure, shall be planted, erected or maintained in a right-of-way without a permit. No fence or similar structure shall be maintained in a manner so as to interfere with or obstruct any sidewalk or area within the County highway which is used or susceptible for use as a walkway or path. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel which is separated from the surface of the road use by motor vehicles. No encroachment will be permitted or maintained which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the county highway of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

(Ord. 2526. (06/13/2023))

A.

It is unlawful for any person to maintain their property in a manner which creates or causes to exist any obstruction to the view (sight distance) of the users of any county-owned, controlled and/or maintained highway, which creates an unsafe condition to the users thereof.

B.

Any use of the property in violation of the provisions of this Section shall constitute a public nuisance which may be abated by the duly constituted officer of the County of Nevada. The enforcement of this Section shall rest in the sole discretion of the county officers performing such functions.

C.

No encroachments shall be made where to do so would create an unsafe condition to the users of the county highway in violation of the provisions of this Code.

D.

New development which substantially increases the use of any existing encroachment shall not be allowed unless the encroachment is brought into conformity with the sight distance requirement of this Code and other provisions or standards relating thereto.

E.

Any person who is beneficially interested in the decision of the county officials enforcing this Section shall have a right to appeal. No fee shall be charged for any such appeal. All applicants for encroachments shall be advised of their appeal rights by the inclusion of a notice thereof on the county's application form.

(Ord. 2526. (06/13/2023))

This Chapter shall not be construed as imposing upon the county or any official or employee any mandatory duty or basis of liability, nor shall the county or any official or employee be responsible for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the county or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder.

(Ord. 2526. (06/13/2023))

Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to a mandatory fine, to be set, from time to time, by resolution of the Board of Supervisors. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

(Ord. 2526. (06/13/2023))

Any act in violation of any provision of this Chapter is hereby declared to constitute a public nuisance, the maintenance or continuance of which may be abated, removed and/or enjoined by any appropriate proceeding in the manner prescribed by law.

(Ord. 2526. (06/13/2023))

The remedies provided herein are not exclusive and are in addition to any other remedy or penalty provided by law.

(Ord. 2526. (06/13/2023))

The Director of Public Works shall be the person primarily responsible for enforcing the provisions of this Chapter. In addition, the Nevada County Sheriff shall also be responsible for enforcing the provisions of this Chapter and, to the extent any violation is designated to be an infraction, the Code Compliance Department is also authorized to enforce the provisions of this Chapter.

(Ord. 2526. (06/13/2023))

Any person, firm, entity or agency who violates the provisions of this Chapter shall be liable for payment for the cost incurred by the County in enforcing the provisions of this Chapter, up to a maximum cost of five thousand dollars ($5,000.00) per violation. Cost shall be calculated according to the latest schedule of fees as adopted by the Board of Supervisors. The cost of enforcement shall be paid to the Department within thirty (30) days of the date of the billing therefor and any fees not paid within thirty (30) days shall be assessed a late penalty of ten percent (10%) of the balance that is not paid and shall thereafter accrue interest at the rate of one percent (1%) per month until paid. Any such costs which remain unpaid for more than ninety (90) days shall be referred to Collections and may be subject to such other legal action or remedies as may be allowed by law.

Any person, firm, entity or agency that is assessed for the cost of enforcement may appeal such assessment to the Board of Supervisors by filing a statement of appeal thereof with the Clerk of the Board of Supervisors within thirty (30) days from the date of the mailing of the initial notice of the assessment thereof.

If any appeal is filed regarding the assessment of such fees, the appeal shall stay any action by the County of Nevada to collect same. The appeal shall be promptly presented to the Chair or the Board of Supervisors or to such other member of the Board as the Chair may designate, which person shall render a decision thereon within fifteen (15) days of the date of the filing of the appeal. The costs as determined by the appeal shall then be due within fifteen (15) days from the date of the mailing of the decision thereon. Failure to pay the costs when due shall subject the costs to late penalties and interest as set out above.

(Ord. 2526. (06/13/2023))