San Diego County Municipal Code Ch. 6 Encroachments

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*Note--Added by Ord. No. 3499 (N.S.), effective 4-22-70.

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The provisions of this chapter apply only to the placing, changing or renewing of an encroachment not subject to the provisions of Chapters 2, 3, 4, or 5 of this division.

No person shall place, change or renew an encroachment in, under or over any portion of a highway, pathway or trail, without first obtaining from the Director a written permit in accordance with this chapter and with Chapter 1 of this division.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

Application for a permit shall be made in writing on a form supplied by the Director. The application shall specify in detail:

(a) The location, description and justification for the encroachment and the extent to which it will interfere with the public use and maintenance of the highway, pathway or trail.

(b) The duration for which a permit is sought and the date it is requested to be effective.

(c) Such other information that the Director may require.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

Every permit shall contain an agreement, signed by the applicant that the County of San Diego and any officer or employee thereof shall be saved harmless by the applicant from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring as the proximate result of any placement, change or renewal of an encroachment under the terms of this application and the permit or permits which may be granted in response thereto, and that all of said liabilities are hereby assumed by the applicant.

In any permit issued, the Director may specify what lights, barriers, warning signs or other measure designed to protect the traveling public must be erected by the permittee. If the permit does not specify what protective measures are required, every encroachment which in any way interferes with the public use of any traveled way, shoulder, parking lane, side path, sidewalk, pathway or trail, shall be lighted, barricaded and signed as provided in Section 71.322.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

Permits issued under the authority of this chapter may specify a duration of ten days or less from their effective date, in which case they shall be revocable with notice as provided in Section 71.114. Other permits issued under the authority of this chapter shall be classified as if indefinite duration and shall be revocable as provided in Section 71.115.

Every permit shall contain an agreement, signed by the applicant, that if the permit expires, is revoked by the Director, or is vacated or abandoned, the permittee will within a reasonable time and to the satisfaction of the Director, restore the highway, pathway or trail to the equivalent or better condition than it was prior to the date that permit became effective or prior to the date the encroachment was first placed, whichever is earlier.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

Every person applying for a permit required by this chapter shall at the time of making application for the permit pay an issuance fee. The amount of said fee shall be prescribed by the Board of Supervisors.

(Amended by Ord. No. 5971 (N.S.), effective 2-12-81; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9969 (N.S.), effective 4-11-09)

Each applicant for a permit, in addition to payment of the issuance fee, shall place a deposit with the Director to guarantee the placement of protective measures if required, and the removal of the encroachment and restoration of the highway. The amount of the deposit shall be prescribed by the Board of Supervisors.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 8367 (N.S.), effective 4-1-94; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

In lieu of making the special deposits required by Section 71.609, an applicant for temporary permits having a duration of 10 days or less, may make and maintain with the Director a general deposit in an amount estimated by the Director to be sufficient to pay the cost of permit fees and to guarantee performance as required in Section 71.609 for future encroachments. Such a deposit shall not exceed $1,000.00. While a general deposit is maintained in an amount sufficient to cover the fees and deposits required for the placing, changing or renewing of all encroachments sought to made, the applicant need not make any special deposit. If, in the opinion of the Director, a general deposit is not sufficient for the proper protection of the public interest in the highways, pathway or trail on which encroachment permits are sought, a special deposit may be required under the provisions of Section 71.609.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

The County shall deduct from any deposit made or maintained by the permittee:

(a) The permit issuance fee if that has not otherwise been paid.

(b) The cost of any inspection by the Director.

(c) The cost to the County of the placement of protective measures if required and the removal of the encroachment and restoration of the highway, pathway or trail if the permittee fails or refuses to do so.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 8367 (N.S.), effective 4-1-94)

After making the required deductions, the County shall refund to the applicant any amount still remaining in the special deposit in the manner as provided by law for the repayment of trust moneys. If any deposit made is less than sufficient to pay all fees and costs to be deducted, the permittee shall, upon demand, pay to the Director an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the County may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full a permit shall not be issued to such permittee.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If a person makes and maintains with the Director a general deposit the deductions hereinbefore provided for need not be made. In lieu of such deductions, the Director may bill such person for the amount owed to the County under the provisions of this chapter. If such amount is not paid within 15 days of the transmission of such bill, the Director may deduct such amount from the general deposit, and Sections 71.611 and 71.612 shall apply.

(Amended by Ord. No. 3512 (N.S.), effective 5-21-70; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Notwithstanding the applicability of the other provisions in this chapter,

(a) Every person applying for a small cell wireless facility encroachment permit required by this chapter shall:

1. At the time of applying for the permit, pay an issuance fee. The amount of said fee shall be prescribed by the Board of Supervisors.

2. If construction and/or excavation is required, apply for a construction and excavation permit and:

a) Pay an issuance fee at the time of applying for the permit. The amount of said fee shall be prescribed by the Board of Supervisors.

b) Place a deposit with the Director for engineering review and inspection costs associated with the permit issuance. The amount of the deposit shall be prescribed by the Board of Supervisors. The Director shall deduct from the deposit the actual cost to the County of the required engineering and inspection. If such cost is less than the deposit, the difference shall be refunded to the applicant in the same manner as provided by law for the repayment of trust moneys. If the cost exceeds the deposit, the applicant shall pay the excess to the County. If it is not paid within 15 days, the County may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued to such applicant.

(b) In addition to payment of the issuance fees and deposit required by Subsection (a), the applicant shall pay an annual fee for each small cell wireless facility attached to County-owned structures in the right-of-way. The amount of said annual fee shall be prescribed by the Board of Supervisors.

(c) If required by the Director, the applicant shall include with the application plans prepared by a competent engineer.

1. The permittee shall perform all work in accordance with the plans, if plans are made, and the specifications entitled "The Standard Specifications For Public Works Construction", on file with the Director, and, further, to the satisfaction of the Director.

2. No change in any plans or specifications shall be made unless approved in writing by the Director.

(d) If required by the Director, the applicant shall make proper arrangements for, and bear the cost of relocating or replacing any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued.

(e) Not less than 24 hours before the commencement of any work regulated by this chapter, the applicant shall apply in writing to the Director for an inspector. Such application shall specify the day and hour when, and the location at which, the work will be commenced.

1. The Director may waive inspection, if the Director believes such inspection is not necessary for the best interests of the County, provided such waiver is in writing.

2. The inspection of work or materials shall not relieve the permittee of any obligations to perform and complete the work according to the permit, the plans, and specifications referred to in Subsection (c).

(f) The permittee shall notify the Director in writing upon completion of any work for which a permit has been granted.

(Ord. No. 10597 (N.S.), effective 4-12-19)

[CHAPTER 7.] NUISANCES*

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*Note--Chapter 7, consisting of Sections 71.701--71.706, and titled NUISANCES, added by Ord. No. 5516 (N.S.), effective 6-21-79.

Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.

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No person shall maintain or cause to be maintained any condition on private property which causes damage to a County highway or threatens imminent damage to a County highway or causes a hazard to exist on a County highway.

A violation of Section 71.701 is hereby declared to be a public nuisance which may be abated in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code or any other procedure permitted by law.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86)

(Repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

(Repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

(Repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

(Repealed by Ord. No. 7141 (N.S.), effective 6-26-86)