Yuba County Municipal Code Ch. 9.50 Encroachments on County Roads

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

(1) Applicant means any person making written application to the Commissioner for an encroachment permit hereunder.

(2) Commissioner means the Community Development and Services' Agency's Director of the Public Works Department as ex officio Road Commissioner of the County of Yuba, and such term shall include, where appropriate, his or her assistants and deputies.

(3) Department means the Public Works Department within the Community Development and Services Agency of the County of Yuba.

(4) Encroachment includes any tower, pole, pole line, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this Section, which is placed in, under or over any portion of the highway.

(5) Excavation means any opening in the surface of the road right-of-way made in any manner whatsoever, except an opening into a lawful structure below the surface of a road, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the road.

(6) Highway means any way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes street.

(7) Permittee means any person who has received encroachment permits pursuant to this Chapter.

(8) Public agency includes any city, public corporation, political subdivision, or district.

(9) Roads means any highway, street, alley or way in the County which is owned, or controlled, or maintained by the County for the purposes of travel.

(Prior Code, § 9.50.010; Ord. No. 392)

No person shall do or cause to be done any of the following enumerated things without first obtaining a permit therefor and complying with all conditions thereof and all provisions of this Chapter:

(1) Excavate or fill in an excavation within a road right-of-way.

(2) Install, construct, maintain, cut into, repair or remove any sidewalks, driveways, curbs, gutters, road approaches, or road surfacing; or install, repair or remove any facilities or substructures in, on, over, or under any road right-of-way.

(3) Place, change or renew an encroachment.

(4) Place, or display in, under or over any County highway any kind of advertising sign or device. Any such sign or device placed or displayed contrary to the provisions of this Section is a public nuisance and the Road Commissioner may immediately remove it. The provisions of this Section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state.

(5) Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any County highway.

(Prior Code, § 9.50.020; Ord. No. 392; Ord. No. 1405)

Applications for permits for performance of any of the acts stated in Section 9.50.020 hereof shall be made in writing upon forms furnished by the Department and approved by the Commissioner. The form shall be filed with the Department and approved by the Commissioner. The form shall set out the following in detail, where applicable:

(1) Name and residence or business address of the applicant.

(2) Location, dimensions, purpose, extent and nature of the proposed excavation, fill or obstruction, and the facilities or substructures to be installed, repaired, or removed.

(3) Such other information as may be required by the Commissioner.

(Prior Code, § 9.50.030; Ord. No. 392)

The Commissioner may issue a single permit for any number of excavations or any other work done hereunder which are part of the single project or single job, and may also issue annual permits for service connections or for other routine minor work performed by owners or employees and not exceeding $1,500.00 for any separate job. Either permit shall become effective and shall be exercised by written notice given to the Commissioner not less than 24 hours before work is to be commenced thereunder.

(Prior Code, § 9.50.040; Ord. No. 392; Ord. No. 643)

The applicant shall pay a fee in the amount established in 13.20.600 to cover the costs of processing the application, issuing a permit thereunder, and defray the costs of County liability insurance covering liability for personal injury and property damage which might arise out of or in connection with the work permitted hereunder.

(Prior Code, § 9.50.050; Ord. No. 392)

Before granting a permit under the provisions of this Chapter, the Commissioner may require the applicant to file with the Board of Supervisors of Yuba County security in the form of cash or a satisfactory bond payable to the County of Yuba in such amount as the Commissioner deems sufficient conditioned on the proper compliance by the permittee with the provisions of the permit issued and this Chapter.

(Prior Code, § 9.50.060; Ord. No. 392)

If in the course of the work being done under the permit or permits, additional inspections or additional replacement charges over and above the amount of the bond becomes necessary, or in the case of a continuing security the amount becomes insufficient to cover fees and charges for work in progress, the Commissioner may require that additional security be furnished by the permittee. Failure to promptly furnish the same upon request shall be grounds to revoke or suspend the permit or permits and order all work being done thereunder to be stopped.

(Prior Code, § 9.50.070; Ord. No. 392)

All inspection fees and all testing fees shall be charged in accordance with the current rate schedule set by the Board of Supervisors.

(Prior Code, § 9.50.080; Ord. No. 392)

In the event any applicant shall fail to pay any fees, costs, or charges due under this Chapter when charged for the same, the Commissioner may, in his or her discretion, proceed against the surety for applicant or any bond or bonds or any other security provided for in this Chapter posted by the applicant to collect such fees, costs, or charges. The Commissioner may, in addition, refuse to issue any new permits to an applicant with unpaid fees, costs, or charges due on any job.

(Prior Code, § 9.50.090; Ord. No. 392)

Except as otherwise provided in this Section, such a bond shall not be required of any city, public corporation, or political subdivision or public utility which is authorized by law to establish or maintain any works or facilities in, under or over any public highway, nor shall the application of any such governmental unit for a permit be denied. Every such applicant is entitled as a matter of right to a permit, but is otherwise subject to the provisions of this Chapter and to all reasonable conditions and provisions made by the Commissioner in any such permit.

(Prior Code, § 9.50.100; Ord. No. 392)

Any city, public corporation, political subdivision or public utility is entitled to a blanket permit, upon paying appropriate fees, renewable annually for the installation of its service connections and for ordinary maintenance of its facilities located or installed in County highways; but the Commissioner may revoke any such blanket permit if the permittee fails to comply with the provisions of this Chapter. When any such permit is revoked in a proper case such public corporation, political subdivision, or public utility is entitled to a permit only upon furnishing a bond in such amount as the Commissioner deems sufficient.

(Prior Code, § 9.50.110; Ord. No. 392)

Any permit issued under the provisions of this Chapter shall provide that the permittee will pay the entire expense of replacing the highway in as good condition as before, and may provide such other conditions as to location and the manner in which the work is to be done as the Commissioner finds necessary for the protection of the highway; provided, that, whenever the work to be performed includes cutting the surface within the road right-of-way, the Road Commissioner may require as a condition of the permit that all or part of the resurfacing work shall be performed by the County of Yuba and that all costs for such resurfacing work shall be paid by permittee.

(Prior Code § 9.50.120; Ord. No. 392)

The permittee or his or her assigns in interest shall be responsible for maintenance or repair of any works for which a permit was issued. Should at any time any work constructed under the permit become defective through lack of proper maintenance, such defect shall be considered as sufficient reason for revocation of the permit.

(Prior Code, § 9.50.130; Ord. No. 392)

Each permittee shall conduct and carry out work permitted hereunder in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the work, noise, dust and unsightly debris. During the hours of 10:00 p.m. to 7:00 a.m., the permittee shall not use, except with the express written permission of the Commissioner or in case of an emergency as herein otherwise provided, any tool, appliance, or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Prior Code, § 9.50.140; Ord. No. 392)

(a) The permittee shall at all times and at his or her own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall first attempt to obtain a license from the owner of such private property for such purposes.

(b) The permittee shall, at his or her own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to any roads or other public or private property, real and personal, resulting from the permittee's failure properly to protect and carry out such work subject to the foregoing provisions relating to entry upon private property. Whenever it is necessary to trench through any lawn area, the permittee shall carefully cut the sod and upon completion of the work shall replace it or reseed the area if cutting and replacing sod is impractical. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as close as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees, or shrubs which exist in parking strip areas without first obtaining the consent of the Commissioner or other County officials having control of such property.

(Prior Code, § 9.50.150; Ord. No. 392)

The permittee shall take appropriate measures to assure that during the performance of the work, traffic conditions shall be maintained at all times as near normal as practicable so as to minimize inconvenience to the occupants of the abutting property and to the general public; provided, that the Commissioner may permit the closing of streets and alleys to all traffic for a period of time prescribed by the Commissioner if, in the Commissioner's opinion, it is necessary. The Commissioner may require that the permittee give notification to specified interested persons before commencement of the work.

(Prior Code, § 9.50.160; Ord. No. 392; Ord. No. 1405)

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all road intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any road right-of-way, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the road is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk.

(Prior Code, § 9.50.170; Ord. No. 392)

It shall be the duty of every permittee cutting or making an excavation in or upon any road right-of-way to place and maintain such barriers and warning devices necessary for safety as specified by the State Department of Transportation's publication "Manual of Uniform Traffic Control Devices" and any revisions, supplements or replacements thereof. Barriers shall meet the requirements of the Commissioner.

(Prior Code, § 9.50.180; Ord. No. 392)

Except in the case of annual permits, every permittee shall commence the proposed work within 30 days after the granting of the permit or within such other time from 30 days minimum to 60 days maximum as the Commissioner shall specify, (or in the case of special single permits set out in Section 9.50.040, within 30 days from the date when such permit becomes effective as to the particular job concerned) and thereafter shall prosecute the work to completion in a diligent and workmanlike manner and restore roads to their original condition or as near as may be possible. The Commissioner may, for good cause, excuse delay in commencement or completion of such work. In the event of unexcused delay or failure to commence, carry out or complete such work in the manner provided herein, the Commissioner may, in addition to any other remedies he or she may have, terminate or suspend such permit by notice in writing effective immediately upon personal delivery to permittee or permittee's agent, or 24 hours after being deposited in the United States mail addressed to permittee at the address shown on the application for permit, except that the Commissioner may elect to have the work completed and the cost thereof charged to the permittee. Thereafter, no work shall be done under the permit unless and until it is reinstated by the Commissioner.

(Prior Code, § 9.50.190; Ord. No. 392)

Any permit issued hereunder shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Commissioner for the protection of the highways or to prevent undue interference with the traffic or to protect both persons and property within, upon or adjacent to the highways from damage or danger. In the case of changes or limitations or conditions to be made or imposed by the Commissioner after a permit is issued hereunder, the Commissioner shall notify the permittee thereof, in writing, either by mail to the address set forth on the application or by personal service upon the permittee. Such change in new limitation or condition shall be effective 24 hours after deposit in the United States mail or immediately upon personal service.

(Prior Code, § 9.50.200; Ord. No. 392)

Any permit issued under the provisions of this Chapter shall contain a provision that in the event of the future improvement of the highway, necessitating the relocation or removal of such encroachment, the permittee will relocate or remove same at permittee's own expense. In said event, the Commissioner shall serve on the permittee the Commissioner's written demand specifying the place or location or that the encroachment must be removed from the highway and specifying a reasonable time within which the work of relocation must be commenced. Permittee shall commence such relocation or removal within the time specified in said demand and thereafter diligently prosecute the same to completion. All permits are revocable on five days' notice and the encroachment must be removed or relocated as may be specified by the Commissioner in a notice revoking the permit and within the time specified by the Commissioner, which time shall not be less than such five days unless the permit so provides.

(Prior Code, § 9.50.210; Ord. No. 392)

Any monument set for the purpose of locating or preserving the lines of any road or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the County shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Commissioner to do so. Before monuments, reference points and bench marks are disturbed, or removed, they shall be tied out by a licensed surveyor or registered civil engineer or under the direction of same. Monument disturbance requires the filing of a corner record with the County Surveyor in accordance with the Professional Land Surveyors' Act (Business and Professions Code § 8700 et seq.). After completion of the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee.

(Prior Code, § 9.50.220; Ord. No. 392)

As the excavation work progresses, all roads shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Commissioner. From time to time, as may be ordered by the Commissioner and in any event immediately after completion of work, the permittee shall, at permittee's own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within 24 hours after having been notified to do so by the Commissioner, the cleanup may be performed by the County with the cost thereof charged to the permittee.

(Prior Code, § 9.50.230; Ord. No. 392)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the Commissioner in writing.

(Prior Code, § 9.50.240; Ord. No. 392)

Except when otherwise required by the permit, permittee may arrange by agreement in writing with the Commissioner for necessary restoration of surface or removal or relocation of facilities by the County. Such agreement shall provide that permittee shall deposit an amount estimated by the Commissioner as sufficient to cover the cost of such work. Reimbursement to the County shall be for all costs. Determination of the balance of costs due, if any, shall be made by the Commissioner upon completion of the work.

(Prior Code, § 9.50.250; Ord. No. 392)

The permittee shall notify the Commissioner in writing of any proposed deviations or changes in the work to be done under any permit and shall not proceed therewith until permittee has obtained both the written consent of the Commissioner to any such deviation of change, and the written, signed and acknowledged consent to such deviation or change of any surety company whose bond or bonds are posted in connection with such work.

(Prior Code, § 9.50.260; Ord. No. 392)

Permits issued pursuant to this Chapter are non-transferable.

(Prior Code, § 9.50.270; Ord. No. 392)

The Commissioner may refuse to issue permits and may revoke any outstanding permits issued or any portion thereof, where the work has not been started. The Commissioner shall not issue any permit under this Chapter while the applicant is in default of any terms or conditions of any prior permit issued by the Commissioner. If there is a question of fact as to the applicant's compliance with any permit issued prior to the permit in question, the applicant may apply to the Board for a review of the Commissioner's denial of the permit. If the Board shall find as a matter of fact that the applicant is not in default under any prior permit, it may order the issuance of a permit to the applicant.

(Prior Code, § 9.50.280; Ord. No. 392)

No person shall prevent or obstruct any officer or employee of the Department in making any inspection pursuant to this Chapter, nor in taking any sample or making any test.

(Prior Code, § 9.50.300; Ord. No. 392)

Each applicant shall sign a statement on each application agreeing to save and hold harmless the County and each and every officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property arising out of or connected in any way with any work done by the applicant under any permit granted hereunder.

(Prior Code, § 9.50.310; Ord. No. 392)

This Chapter shall not be construed as imposing upon the County or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the County or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work permitted hereunder.

(Prior Code, § 9.50.320; Ord. No. 392)

Any person who:

(1) Violates any provision of this Chapter or any condition of any permit issued hereunder; or

(2) Fails, neglects, or refuses to comply with any requirements of the Commissioner, this Chapter, or of any permit issued hereunder; or

(3) Performs any of the acts for which a permit is required by this Chapter without first obtaining such permit;

shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not mort than $1,000.00 or by imprisonment in the County Jail for a period six months or by both such fine and imprisonment.

(Prior Code, § 9.50.330; Ord. No. 392)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.