San Benito County Municipal Code Art. I In General

(A) No building or structure may be erected within 35 feet of the side line of any state highway; within 65 feet of the center line of any county primary road; or within 50 feet of the center line of any county secondary road.

(B) For the purpose of this section, BUILDING is a structure having a roof supported by columns or walls and which is intended for the shelter, housing or enclosure of any person, animal or chattel; and STRUCTURE is anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including roads.

(1966 Code, § 14-1) (Ord. 184, § 3)

(A) No encroachment projecting above the surface of the roadway will be permitted within 20 feet of the center of any county road or street, regardless of the width of the right-of-way.

(B) For the purpose of this section, curbs, sidewalks, fences, driveway entrances, trees and shrubs in addition to other encroachments are regarded as surface encroachments.

(1966 Code, § 14-2) (Ord. 184, § 4)

(A) The Planning Commission of the county is empowered to receive, investigate, hear and take action upon every application for a variance from the strict application of any provision of §§ 19.27.001 and 19.27.002 of this chapter. It shall approve only such variances as are in harmony with the general purpose and intent of §§ 19.27.001 and 19.27.002.

(B) Variance applications and fees shall be submitted in accordance with the provisions of § 25.41.002 of this code.

(C) Appeals by any person aggrieved by any decision of the Planning Commission shall be made in accordance with the provisions of § 25.47.002 of this code.

(1966 Code, § 14-2.1) (Ord. 329)

Any encroachment within the right-of-way of any county road or road offered for dedication to the county, either on the surface or roadway, or buried, will not be permitted without first obtaining a permit from the county’s Road Commissioner. The permit shall set forth the conditions under which it is granted, and the authority of the Road Commissioner in granting or denying a permit is hereby limited to requirements affecting the public health and safety, and the protection of the roadway surface and related facilities.

(1966 Code, § 14-3) (Ord. 184, § 5; Ord. 700, § 1)

(A) Curbs, gutters and driveway entrances may be constructed along county roads and streets; provided, that the construction is done to lines and grades approved by the county Road Commissioner. Construction shall be done to the following standards, and the Road Commissioner shall have the right to allow for minor deviations in order to fit conditions which may exist upon the ground and to expedite drainage:

(1) All concrete used for construction under this section shall contain not less than 470 pounds of cement per cubic yard of concrete. Aggregate used in concrete shall be reasonably clean and free from dirt, vegetable and other deleterious matter. Finished concrete shall have a compressive strength of not less than 2,000 pounds per square inch when tested, in accordance with the standard testing procedures for concrete, 28 days after mixing.

(2) Curbs and gutters shall be integral, with the curb surface not less than six inches in width and projecting five and five-eighths inches above the gutter invert. Gutters shall be not less than five and five-eighths inches thick and not less than 16 inches in width. Gutters shall be pitched toward the curb at the rate of one-half inch per foot.

(3) Sidewalks shall be not less than three and five-eighths inches thick and not less than five feet wide, and shall be pitched toward the street at the rate of one-quarter inch per foot.

(4) Concrete surfaces exposed to pedestrian or vehicular traffic shall be brush finished in order to present a reasonably non-skid surface. Curb faces shall be troweled smooth. All exposed edges shall be edged with a proper tool having a one-half inch radius.

(5) Concrete forms shall not be removed for at least four hours after pouring, and all exposed surfaces shall be cured as directed by the Road Commissioner. Expansion joints shall be installed at locations and in a manner to be determined by the Road Commissioner.

(6) Any concrete placed that is not in conformance with the requirements of this section shall be in violation of this chapter and shall be removed within five days after receipt of notice in writing from the Road Commissioner.

(B) The Board of Supervisors reserve the right to permit major deviations in curb and gutter design for special conditions where conformance with these standards is not practical.

(1966 Code, § 14-4) (Ord. 184, § 6)

No tree or shrub of any kind may be planted on or adjacent to any county road in such a manner that when reaching full development the outermost limbs of such tree or shrub shall overhang the right-of-way in excess of three feet except trees and shrubs planted by, or with permission of, the Road Department for landscaping or erosion control.

(1966 Code, § 14-5) (Ord. 184, § 7)

No person shall loiter, stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner annoy or molest persons passing along the same.

(1966 Code, § 14-6) (Ord. 155, § 2)

No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any garbage, cans, bottles, papers, refuse, carcass of any dead animal, trash, rubbish, prunings, clippings, limbs, trees, stumps, boards, wire or any other articles which may cause culverts or bridges under county roads to become clogged when carried by flood water in any watercourse or ditch, natural or man-made, which drains under any county road.

(1966 Code, § 14-7) (Ord. 184, § 2)

No person shall walk, go, travel or drive any vehicle, automobile, motorcycle or bicycle upon, across or over any highway in the county when the same is being repaired or constructed, or is in course of being repaired or constructed or before the repair or construction is finally completed.

(1966 Code, § 14-8) (Ord. 165, § 1)

(A) No poles for telegraph, electricity or telephone wires shall be placed, erected or maintained on any public street, road or highway in the county unless the same shall be at least 15 feet in height above the surface of the ground, and no telegraph or telephone wires shall be strung on any poles at a distance of less than 15 feet from the surface of the ground. All such telegraph and telephone poles shall be placed, erected and maintained on the public streets, roads and highways, when practicable, at a distance of five feet six inches from the boundary thereof, and shall be placed, erected and maintained so as not to incommode the public use of, or interfere with, the ordinary travel thereon. At all crossings of the streets, roads and highways, all wires on the poles shall be at a distance of not less than 25 feet from the surface of the ground.

(B) Upon any failure to comply with terms of this section or upon any violation thereof, the Road Commissioner shall after five days notice to the agent at the City of Hollister of the person owning the poles or wires or operating the telegraph, electric or telephone system, so failing or violating to remove any poles or wires placed in a manner contrary to this section.

(1966 Code, § 14-9) (Ord. 75, §§ 1, 2)

Pursuant to the authority granted by the Cal. Vehicle Code § 35706, the maximum gross weight of vehicle and load permitted on the bridge crossing Pacheco Creek on Dunne Lane-San Felipe Road at the Santa Clara County-San Benito County boundary line is ten tons per vehicle and 16 tons per truck and full trailer or semi-trailer combination.

(1966 Code, § 14-9.1) (Ord. 293)

Every person who negligently, wilfully or maliciously digs up, removes, displaces, breaks down or otherwise injures or destroys any county or other public highway or bridge, or any private way, laid out by authority of law, or bridge upon such highway or private way, or who negligently, wilfully or maliciously sprinkles, drains, diverts or in any manner permits mud, debris or water from any sprinkler, ditch, canal, flume, reservoir, vehicle or from any other source to flow upon or saturate by seepage any county road, which act tends to damage the road or tends to be a hazard to traffic thereon, shall be guilty of a misdemeanor. This section shall not apply to the natural flow of surface or flood waters that are not diverted, accelerated or concentrated by the person. The person shall be deemed guilty of a separate offense for each and every day, or during any portion of which, any violation of this section is committed, continued or permitted, and shall be punished in accordance with this section.

(1966 Code, § 14-9.2) (Ord. 533, § 1(part))

Notwithstanding § 19.27.012, the county may enforce the prohibitions of § 19.27.012 by any civil remedy available under the law including, but not limited to, injunctive relief. Any judgment in favor of the county may include, at the discretion of the trial court, an award of costs, reasonable attorneys’ fees, and other appropriate damages. These damages may include the reasonable value of the expenses incurred by the county staff to enforce § 19.27.012, including all costs through judgment. Should the defendant prevail over the county in any enforcement action, this section does not authorize the award of costs or attorney’s fees, both of which shall not be awarded, unless otherwise authorized by law.

(1966 Code, § 14-9.3) (Ord. 533, § 1(part))