Chapter 12.20
EXCAVATIONS AND ENCROACHMENTS

Sections:

12.20.010    Definitions.

12.20.020    Permit—Required for designated acts.

12.20.030    Permit—Late issuance fee.

12.20.040    Permit—Blanket.

12.20.050    Permit—Not required for designated acts.

12.20.060    Exemptions.

12.20.070    Permit—Special terms and conditions.

12.20.080    Supervision of work.

12.20.090    Duties of permittees.

12.20.100    Construction requirements.

12.20.110    Bond.

12.20.120    Insurance.

12.20.130    Emergency excavations.

12.20.140    Permit—Application.

12.20.150    Permit revocation—Interference with county highway improvement.

12.20.160    Permit revocation—Removal of encroachments.

12.20.170    Penalty for violation of Sections 12.20.020 and 12.20.070.

12.20.010 Definitions.

A.    As used in this chapter, unless otherwise apparent from the context:

1.    Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural the singular.

2.    “County highway” includes all or any part of the entire width of right-of-way of any road, street, lane, alley, way or place, maintained by the county and open to the use of the public for purposes of travel, whether or not such entire width is actually used for highway purposes, and whether or not it has been accepted into the county road system by resolution of the county board of supervisors. It also includes bridges, culverts, curbs, drains, ditches, and all works incidental to county highway construction, improvement, and maintenance.

3.    “Encroachment” includes any structure or object of any kind or character placed, without the authority of law.

4.    “Person” means any individual, firm, partnership, association, corporation, organization, or business trust. It also includes any city, county, state, public corporation, public district, and the United States.

5.    “Road commissioner” means the road commissioner of the county.

6.    “Shall” is mandatory, and “may” is permissive.

B.    Section headings, when contained in this chapter, shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section. (Ord. 76-5 § 1 (part), 1976)

12.20.020 Permit—Required for designated acts.

A.    When satisfied of an applicant’s right or necessity, the road commissioner may issue to him a written permit, which shall not be transferable, authorizing him to do any of the following acts:

1.    Make an opening or excavation for any purpose in any county highway;

2.    Place, change or renew an encroachment;

3.    Construct, grade, or place any driveway within a county highway; but no driveway shall be located within any portion of the normal curve returns of any intersection;

4.    Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any county highway.

B.    Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor. (Ord. 76-5 § 1 (part), 1976)

12.20.030 Permit—Late issuance fee.

Any person who, having violated any of the provisions of Section 12.20.020, thereafter applies for a permit pursuant to this chapter to do the act which constituted such violation shall pay a late issuance fee, in addition to the regular required fee, in such amount as may be fixed by resolution of the board of supervisors of the county. (Ord. 76-5 § 1 (part), 1976)

12.20.040 Permit—Blanket.

A.    The road commissioner may issue to any electric, telephone or telegraph public utility holding a valid franchise a blanket permit which shall authorize all of the following, and which shall be valid until revoked:

1.    Installation of aerial service wires necessary to provide service to the public utility’s customer;

2.    Construction of minor pole extensions, not to exceed five poles, necessary to provide service to the public utility’s customers;

3.    Placing aerial wire or cable, together with anchors and guys, on existing poles or on new poles placed pursuant to subdivision 2, above;

4.    Normal maintenance, repairs and replacement of all types of utility facilities, except where excavation within a county highway, other than for pole and anchor installations, would be involved.

B.    Such a blanket permit may be revoked by the road commissioner for good cause. (Ord. 76-5 § 1 (part), 1976)

12.20.050 Permit—Not required for designated acts.

A.    When so placed or done as not to constitute a traffic hazard nor interfere with normal highway maintenance, the following things are authorized in a county highway without a permit:

1.    Rural mail boxes of a type approved by the Postmaster, with or without a sign attached thereto, or to the mail box support, designating only the name and address in letters and figures not exceeding four inches in height, of the person served by such mailbox;

2.    Signs erected by public agencies and public utilities when reasonably required to designate the location of a public facility, or a public utility facility, or to promote public safety or other public purpose;

3.    Historical markers, signs, or monuments, the erection of which has been first approved by the board of supervisors of the county;

4.    Planting in a parkway area behind a curb or flow line, when so maintained as not to hinder or impede pedestrian traffic;

5.    Planting of crops when such crops are separated from the maintained portion of the highway by a fence for which a permit has been issued under the ordinance codified in this chapter.

B.    The road commissioner may, in the manner provided in Section 12.20.160, require and enforce the removal of any of the things authorized by subsection A of this section, when, in his opinion, any of said things are so placed or done as to constitute a traffic hazard, or to interfere with normal highway maintenance, or otherwise to violate any of the conditions under which said things are authorized. (Ord. 76-5 § 1 (part), 1976)

12.20.060 Exemptions.

This chapter shall not apply to:

A.    Any officer or employee of the county in the discharge of his official duties;

B.    Any person performing construction work under contract with the county, or with the state, for work upon a county highway. (Ord. 76-5 § 1 (part), 1976)

12.20.070 Permit—Special terms and conditions.

A.    Any permit issued under the provisions of this chapter may provide such terms and conditions as to the duration of the permitted encroachment and the location and manner and time in which any permit work is to be done as the road commissioner finds necessary for the protection of the county highways and the safety of the traveling public.

B.    Work performed under a permit involving an excavation or fill or roadway or driveway surfacing shall be maintained by the permittee for at least six months after completion, or for such longer period, up to one year after completion, as the road commissioner may specify. (Ord. 76-5 § 1 (part), 1976)

12.20.080 Supervision of work.

The road commissioner may, but is not required to, supervise any work done under any permit issued under the provisions of this chapter, in which event the permittee may be required to pay the reasonable cost of such supervision to the county, but no cost of supervision shall be charged by the road commissioner to any public agency. (Ord. 76-5 § 1 (part), 1976)

12.20.090 Duties of permittees.

A.    Every permittee shall:

1.    Notify the road commissioner at least forty-eight hours, exclusive of Saturdays, Sundays and legal holidays, before starting any permit work;

2.    Keep his permit, or a copy thereof, at the site of the permit work at all times when he is actually engaged in work thereat, and exhibit it to the road commissioner, or his representative, or any peace officer, upon demand;

3.    Promptly remove all refuse, debris, equipment and excess material from the site of the permit work upon its completion, and leave the premises in as presentable a condition as before the work started;

4.    Place and maintain suitable warning lights, signs, barriers, devices or flagmen, which shall be of the types specified pursuant to Section 21400 of the California Vehicle Code;

5.    Deliver to the road commissioner, upon his demand, after the completion of any permit work, a plan or drawing showing locations and details of permitted encroachments and connections, if any, to existing structures where such encroachments and connections differ substantially from any plats and diagrams submitted with the application for a permit;

6.    In all cases where he has disturbed the existing surface of a county highway, replace, repair or restore such highway in accordance with the terms of his permit. In case his permit contains no such terms, then he shall do such replacing, repairing or restoring at his own expense promptly upon completion of his permit work, in a good and workmanlike manner as directed by the applicable provisions of this chapter, to as good condition as before the permit work started; provided, however, that if the surface which was disturbed was a bituminous-surfaced roadway, such surface shall be replaced, repaired or restored with not less than one and one-half inches, compacted, in thickness, of asphaltic concrete surfacing, over a minimum of six inches, compacted, in depth, of aggregate base material of a type approved by the road commissioner;

7.    Comply with all of the terms and conditions of his permit;

8.    Comply with all construction standards and methods specified in this chapter;

9.    Store, place or deposit no material within five feet from the edge of the pavement or traveled way or within the shoulder line, where the shoulders are wider than five feet, of any county highway, without the prior approval of the road commissioner;

10.    Diligently pursue the permit work in such a way as not to cause an unreasonable interference or inconvenience to the traveling public.

B.    The road commissioner may revoke any permit issued pursuant to this chapter whenever he finds that the permittee has violated any of the provisions of subsection A of this section. (Ord. 96-25 § 1(23), 1996; Ord. 76-5 § 1 (part), 1976)

12.20.100 Construction requirements.

Unless the permit provides otherwise:

A.    All permit work shall conform to such of the following specifications as may be designated by the permit:

1.    The Standard Specifications of the Department of Public Works of the state of California;

2.    The Special Provisions for Encroachment Work, on file in the office of the road commissioner.

B.    No tunneling, ponding or jetting shall be done.

C.    With the exception of television cables laid in the highway pavement, no underground conduit, pipe, structure, or device shall be installed closer than two feet from the finished grade of any portion of the highway cross section.

D.    Whenever, in the opinion of the road commissioner, an open excavation for a facility crossing a county highway transversely would unduly restrict the public use of such highway, such facility shall be jacked or otherwise forced beneath the highway improvements without disturbing the surface of the highway, and in no case shall the excavation for jacking devices be closer than five feet from the edge of any highway improvement, or lie within a prism formed by one-to-one slopes from said improvement to the bottom of the excavation. (Ord. 76-5 § 1 (part), 1976)

12.20.110 Bond.

A.    Before granting a permit under any provision of this chapter, the road commissioner may require the applicant to file with him a satisfactory bond, payable to the county of Monterey, in such amount as the road commissioner deems sufficient, conditioned on the proper completion of the permit work in compliance with the provisions of this chapter. In lieu of a bond, the road commissioner may accept a cash deposit, conditioned as in the case of a bond. When this chapter, or the terms of any permit issued under it, requires that the permittee guarantee and maintain the permit work for a period of time after the completion of such work, such bond shall be deemed to be and remain in effect for such period of time. When a cash deposit has been accepted by the road commissioner, in lieu of a bond, it, or such part of it as the road commissioner may deem sufficient, shall be held as security for the performance of such guarantee and maintenance for such period of time.

B.    Except as otherwise provided in this section, such a bond shall not be required of any public agency 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 public agency 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 road commissioner in any such permit.

C.    The road commissioner may require of any such public agency applicant a bond in a sum not to exceed twenty thousand dollars, if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with all of the provisions of a previous permit. (Ord. 76-5 § 1 (part), 1976)

12.20.120 Insurance.

If, in the opinion of the road commissioner, the work proposed in any permit application entails any undue risk of injury, death or damage to any member of the public, he shall, prior to issuing such permit, require the applicant to file with him satisfactory evidence that the applicant is insured against all such risks, with such limits of coverage as the road commissioner may direct. This section shall not apply to any public agency authorized by law to establish or maintain any works or facilities in, under or over any public highway, nor to any public utility holding a valid franchise. (Ord. 76-5 § 1 (part), 1976)

12.20.130 Emergency excavations.

A.    This chapter shall not be construed to prohibit any act for which a permit is required when the performance of such act is reasonably necessary for the preservation of life or property in an emergency. In all such cases, however, the person performing such act shall apply for a permit therefor at the earliest practicable time thereafter, in any event not later than the next succeeding day during which the office of the road commissioner is open.

B.    Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Ord. 76-5 § 1 (part), 1976)

12.20.140 Permit—Application.

Application for a permit pursuant to this chapter shall be:

A.    Made in writing to the road commissioner, in such form as he may prescribe, and shall, in addition to such other information as he may reasonably require to secure the purposes of this chapter, set forth the name, address and principal place of business of the applicant, and, in detail, the exact location, dimensions and purpose of the proposed act or thing;

B.    Signed by the applicant;

C.    Accompanied by such plats or diagrams as the road commissioner may require to secure the purposes of this chapter;

D.    Accompanied by evidence satisfactory to the road commissioner that all necessary permits from other public agencies have been or will be obtained by the applicant;

E.    Accompanied by evidence satisfactory to the road commissioner that all necessary permission from abutting, or other, property owners has been obtained by the applicant;

F.    Accompanied by the required fees, in such amount as may be fixed by resolution of the board of supervisors of the county. (Ord. 76-5 § 1 (part), 1976)

12.20.150 Permit revocation—Interference with county highway improvement.

A.    Every permit issued pursuant to this chapter is issued subject to the right of the county, to be exercised through the road commissioner, to revoke the same whenever any contemplated governmental use of a county highway, including the improvement, reconstruction, or repair thereof, necessitates the removal or relocation of any encroachment authorized by such permit. When the road commissioner orders revocation in such cases, the permittee is required to remove such encroachment at his own expense.

B.    The duty to remove or relocate any encroachment under this section shall not run in favor of the state in the event that the highway involved becomes a state freeway. (Ord. 76-5 § 1 (part), 1976)

12.20.160 Permit revocation—Removal of encroachments.

When, pursuant to this chapter, the road commissioner determine that any permit should be revoked, any encroachment which was authorized thereby shall thereupon be deemed to be one without the authority of law, and the road commissioner may require and enforce its removal by giving the notice and taking the action specified in those sections of Chapter 6, Division 2, of the Streets and Highways Code of the state of California which deal with encroachments. (Ord. 76-5 § 1 (part), 1976)

12.20.170 Penalty for violation of Sections 12.20.020 and 12.20.070.

Every offense declared to be a misdemeanor by Sections 12.20.020 and 12.20.070 is punishable by imprisonment in the city jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both. (Ord. 76-5 § 1 (part), 1976)