Orange County Municipal Code Art. 3 Restoration of Property and Removal of Encroachments

Any permit issued under the provisions of section 9-2-40 may provide that the permittee will pay the entire expense of replacing the existing flood control channel improvements and appurtenances 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 finds necessary for the protection of the District property.

(Ord. No. 98-1, § 1, 2-3-98)

(a) Any encroachment permit issued to a public agency or public utility having lawful authority to occupy the District property shall contain a provision that in the event the future improvements of the District property necessities [necessitates] the relocation of such encroachment the permittee will relocate the same at his sole expense. In said event the Director shall serve on the permittee a written demand specifying the place of relocation and specifying a reasonable time within which the work of relocation must be commenced and completed. The permittee must commence such relocation within the time specified in said demand and thereafter diligently prosecute the same to completion.

(b) All encroachment permits other than those issued to public agencies or to a public utility having lawful authority to occupy the District property are revocable on five (5) days' written notice and the encroachment must be removed or relocated as may be specified by the Director in the notice revoking the encroachment permit and within a reasonable time specified by the Director unless the encroachment permit provides otherwise.

(Ord. No. 98-1, § 1, 2-3-98)

The Director may immediately remove, or by written notice may require the permittee to remove any of the following encroachments:

(a) An encroachment which obstructs or prevents the use of a flood control facility.

(b) An encroachment which is an advertising sign or device of any description, unless excepted by action of the Board of Supervisors. The Director may return such sign or device to its owner, or otherwise dispose of it in his discretion, except that if the Director 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 District for the expense of removal and storage.

The District may recover from the person causing any of the above encroachments, in an action brought in the name of the District for that purpose, the court costs of the District, the expense of such removal, and any other expenses resulting from removal of the encroachment.

(Ord. No. 98-1, § 1, 2-3-98)

The notice referred to in section 9-2-110 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 such address 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 District property at the site of the encroachment. The notice shall specify the place and extent of the encroachment, and shall require the removal of such encroachment within a time frame determined by the Director.

(Ord. No. 98-1, § 1, 2-3-98)