Ventura County Municipal Code Div. 12 Highway Encroachments

Footnotes:

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Editor's note— Ord. No. 4540, §§ I, II, adopted March 19, 2019, repealed the former Div. 12, §§ 12000—12153, 12201—12240, 12301—12312, 12401—12415, 12501—12539, 12601—12602-2, 12701—12703, 12801—12823, and enacted a new Div. 12 as set out herein. The former Div. 12 pertained to similar subject matter and derived from Ord. 3589, adopted April 20, 1982; Ord. 4078, adopted Nov. 22, 1994; Ord. 4146, adopted Sept. 16, 1997; Ord. 4355, adopted Dec. 12, 2006; Ord. No. 4454, §§ I—III, adopted Oct. 8, 2013.

This Division may be cited as the "Encroachment Ordinance." The provisions of this Division operate as a supplement to all applicable California statutes concerning encroachments on County highways.

The Ventura County Public Works Agency's Transportation Department is responsible for maintaining County highways to preserve their operational safety, integrity, and function. It is in the public interest for utility facilities and other encroachments to be accommodated in the right-of-way of County highways, when such use and occupancy do not interfere with the free and safe flow of traffic or otherwise impair the roadway or its appearance, and do not conflict with the provisions of federal, state or local laws. Utilities and other encroachments that cross or otherwise occupy County highway right-of-way can affect the safe operation, maintenance, and appearance of the highway. It is therefore necessary that such use and occupancy be authorized and reasonably regulated to promote the County's responsibility to the public.

(Ord. No. 4540, §§ I, II, 3-19-2019)

The purpose and intent of this Division are to:

(a) Provide a uniform and comprehensive set of standards for accommodating utility facilities and other encroachments within the County road right-of-way; preserve and reserve road right-of-way to maximize public access; and minimize possible interference and impairment to the roadway, its structures, appearance, operation, and maintenance.

(b) Encourage economic development; preserve aesthetic and other community values; prevent proliferation of facilities and equipment in the right-of-way by encouraging the completing of major installations before the Department's road rehabilitation projects; and removal of unused facilities.

(c) Ensure that all installations are designed and constructed to minimize potential adverse effects upon the public welfare; allow emergency access during construction; and enable installations to be maintained in perpetuity.

(Ord. No. 4540, §§ I, II, 3-19-2019)

This Division is adopted under the authority granted by Streets and Highways Code, Division 2, and Vehicle Code, Division 15, to regulate encroachments on County highways.

(Ord. No. 4540, §§ I, II, 3-19-2019)