§ 9-607

This Chapter specifies the requirements for encroaching into County rights-of-way in order to do excavation, grading, and development-related construction.

No person shall dig holes, trenches, or ditches, make openings or excavations of any kind for any purpose, or perform grading of earth soil or other material on any street, highway, road, or other public place unless an encroachment permit has been granted by the Director of Public Works.

(a)

Director's Authority. The Director of Public Works has the sole authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when it may be finished.

(b)

Condition of Approval. Every permit granted pursuant to this Chapter shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director of Public Works, to complete the work or to restore the street, highway, road, or other public place to a

condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director of Public Works may do the work and furnish the material necessary, and all sums reasonably expended for these purposes shall be repaid to the County by the grantee.

(c)

Bond or Cash Deposit. If required by the Director of Public Works, no application shall be granted until the applicant has filed with the Department of Public Works a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition during the period of construction. An applicant may file one bond or cash deposit to cover all work during a year, if desired, in an amount that the Director shall deem necessary to mitigate all potential damage.

(d)

Liability of County. Nothing in this Chapter shall be construed to enlarge the liability of the County for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this Chapter shall provide that the County and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work.

(e)

Permit Administration. Encroachment permits are required for the erection or construction of any public facility or structure or for alterations or moving of any existing public facilities or structures within the County right-of-way. They shall be applied for and secured from the Director of Public Works or at other offices that may be designated by the Director of Public Works for these purposes where employees or representatives of the Director of Public Works may be authorized to issue these permits. The Director of Public Works shall have the following powers and duties in administering and enforcing encroachment permits issued under this Chapter:

(1)

The issuance of permits for encroachments, including into driveways, watercourses, public rights-of-way, and other transportation facilities.

(2)

Enforcement of related State laws as well as this Chapter.

(3)

Keeping of accurate records.

(4)

The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this Chapter, including requirements for the submission by applicants for permits of

plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.

(5)

The inspection of construction and operation of drainage facilities. For this purpose, the Director of Public Works shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.

(6)

Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this Chapter.

(f)

Notice to Remove Encroachment. If any encroachment exists in, under, or over any County highway, road, or land, the Director of Public Works may require the removal of the encroachment. Notice shall be given to the owner, occupant, person in possession of the encroachment, or any other person causing or allowing the encroachment to exist by serving on him/her a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five days, a copy of the notice to remove the encroachment in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the County, notice may be given to his/her agent in lieu of service by mailing or posting.

(g)

Removal of Encroachment. After providing notice to remove an encroachment, the Director of Public Works may immediately remove from any County highway or road any encroachment that:

(1)

Is not removed, or the removal of which is not commenced and thereafter diligently pursued, within five days after the service of the notice to remove the encroachment;

(2)

Obstructs or prevents the use of the highway or road by the public;

(3)

Consists of refuse; or

(4)

Is an advertising sign of any description unless the advertisement is a notice posted as required by law.

(h)

Recovery of Costs and Penalties for Encroachments Not Removed. The Director of Public Works may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director of Public Works under the foregoing section and shall initiate an action to recover the expenses of the removal and the costs and expenses of the legal action per the Streets and Highways Code Section 1484 et. seq.

(i)

Abatement Action: Recovery of Penalty. If the owner, occupant, person in possession of the encroachment, the person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director of Public Works, in the name of the County, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgement is recovered by the Director of Public Works, the Director of Public Works may, in addition to having the encroachment adjudged a nuisance and abated, recover costs per the Streets and Highways Code Section 1484 et. seq. This remedy is cumulative and does not exclude punishment for the violation of this Chapter or as otherwise provided in this Title.

(j)

Disposition of Recovered Money. All money recovered under the provisions of this Chapter shall be paid into the Road Fund and shall be available to the Director of Public Works for highway purposes.

(k)

Procedures not Exclusive. Procedure provided in this section are not exclusive and shall not prohibit the Director of Public Works or other County officers and departments from exercising any other remedy provided by law to prevent damage to or protect any County highway or road or to collect the financial damages therefrom.

(l)

Violation: Penalties. In case of violations, the County make take appropriate action for the abatement, removal and restraint of any actions taken in violation of these provisions. Penalties shall be as specified in Chapter 9-814, with the correction period reduced to five days.

(m)

Liability of County. This Chapter shall not be construed to impose on the County any liability or responsibility for damage resulting from drainage obstruction related to an encroachment, nor shall the County or any County official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this section, by reason of any failure to make the inspection, or by the granting or denial of any encroachment permit.

(a)

Irrigation Drainage. Drainage of irrigation water onto any County highway or road by any means is prohibited.

(b)

Watercourse Modification. No person shall modify any natural watercourse to:

(1)

Prevent, impede, or restrict the natural flow of waters from any County highway or road into and through the watercourse, unless other adequate and proper drainage is provided;

(2)

Cause waters to be impounded within any County highway or road;

(3)

Cause an increase upstream and/or downstream water surface elevation; or

(4)

Cause interference with, or damage or hazard to, public travel.

(c)

Watercourse Creation. No person shall create or establish new watercourses adjacent to or across County highways or roads.

(d)

Water Storage. No person shall store or distribute water for any purpose to permit it to overflow onto, to saturate by seepage, or to obstruct any County highway or road.

(e)

Acts Requiring Permit. No person shall cause or permit the following without a permit issued by the Director of Public Works:

(1)

Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any County highway or road.

(2)

Permit to be deposited in any drainage facility in any County highway or road any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance that would alter or impede the drainage of water.

(3)

Alter, construct, obstruct, constrict, or enlarge any drainage facility within any County highway or road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.

(4)

Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any County highway or road to prevent the natural or ordinary drainage of waters along the highway or road or to place an extraordinary burden on the capacity of any drainage facilities along any County highway or road.

(a)

Driveway Encroachment Permit Required. It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a County highway or road without first having secured a driveway encroachment permit from the Director of Public Works.

(b)

Drainage Flow to be Maintained. In no case shall a permit for construction authorize the drainage facility along any County highway or road to be obstructed so as to impede the proper flow of drainage waters.

(c)

Standards for Driveway Construction. Unless otherwise specified in a driveway encroachment permit, driveways shall be constructed in accordance with the County's Improvement Standards. At a minimum, driveways shall be paved with asphalt concrete from the existing edge of pavement to the property line.

(d)

Gated Entries. Development project driveways with gated entries shall be designed such that the gate is setback a sufficient distance, as determined by the Director of Public Works, to allow at least one vehicle (passenger car, delivery truck, etc.) to queue on-site in front of the gate without extending into the right-ofway.