(a) Act Requiring Permit; Emergency Work. No person or representative of any utility company, public corporation, city, political subdivision, governmental unit, or their contractors shall make or cause to be made any encroachment as defined by this chapter without first obtaining from the Director a permit to do so.

Any agency, public or private, may perform emergency maintenance without first securing an encroachment permit, provided the Director is notified prior to the starting work. “Emergency” as used herein means any unforeseen maintenance requiring immediate action to prevent injury to persons or property. When County offices are closed, notice shall be given to the Sheriff’s Office in Eureka and the California Highway Patrol Office in Sunnybrae. The agency shall then apply for a permit within one (1) day after the offices of the Department are first opened subsequent to the making of such encroachment.

(b) Application. An application for a permit or special permit required by this chapter shall be made in writing to the Director of Public Works on a form provided by the Department. Such application shall be accompanied by plans sufficient to show the scope of the proposed encroachment and the filing fee in an amount prescribed by resolution of the Board of Supervisors. Such plans may be waived in writing by the Director whenever he determines that the nature and scope of the proposed encroachment does not require plans.

(c) Permit Terms. Any permit issued pursuant to this chapter shall provide that the permittee will pay the entire expense of replacing the roadway in as good condition as existed before the conducting work under the permit and shall include such other conditions deemed necessary by the Director for the protection of the public or the County highway.

(d) Term of Permit; Beginning of Work or Use. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within thirty (30) calendar days from the date of issuance, unless a different period is stated in the permit. If the work or use is not begun within thirty (30) calendar days, or within the time stated in the permit, then the permit shall become void unless, before its expiration date, the time for beginning has been extended in writing by the Director.

(e) Term of Permit; Completion of Work. The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the Director finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, he may cancel the permit and have the right-of-way restored to its former condition. The permittee shall reimburse the County for all expenses incurred by the County in restoring the right-of-way.

(f) Permit Transferable. A permit may be transferred, providing the permittee informs the transferee in writing of any unfinished work required by the original permit, and the transferee agrees in writing to accept the terms of the permit and to complete the work required. A copy of said transfer agreement shall be delivered to the Department. Until the Department is notified of a transfer, the permittee of record in the Department may be held liable for costs and damages in connection with the permit and may be held responsible for completion of the work specified in the permit.

(g) Encroachment Changes. No changes shall be made in the location, dimensions, character, or duration of the encroachment or the use granted by the permit, except on written authorization by the Director.

(h) Relocation or Removal of Encroachment. Any permit shall be issued to a permittee with the understanding that if the future improvement of the roadway necessitates the relocation or removal of such encroachment, the permittee will relocate or remove the same at no expense to the County. In said event the County shall give the permittee, by mail or actual service, its written demand specifying that the encroachment must be removed from the roadway or, if to be relocated within the roadway, the place of such relocation. The Director shall specify the time within which the removal or relocation must be completed.

(i) Action for Removal Expense. The Department may remove, or cause to be removed, any encroachment upon the failure of the owner to comply with a notice or demand of the Department under the provisions of subsection (h) of this section, and shall have an action to recover the expense of such removal, costs and expenses of suit and reasonable attorney fees and, in addition thereto, the sum of amount set forth in Streets and Highway Code Sections 1484 and 1485 for each day such encroachment remains after the expiration of the time specified in the notice.

(j) Abatement of Unauthorized Encroachments. If the owner, occupant or person in possession of any unauthorized encroachment, or person causing or suffering such encroachment to exist, or any agent thereof disputes or denies the existence of such encroachment, or refuses to remove or permit the removal of such encroachment, the County may commence in any action, judicial or administrative, provided by law including, but not limited to, Chapter 1, Public Nuisance Abatement Procedures, of Division 5 of Title III to abate the encroachment as a public nuisance. If judgment is recovered by the County, it may, in addition to having such encroachment adjudged a nuisance and abated, recover the amount set forth in Streets and Highways Code Sections 1484 and 1485 for each day such encroachment remains after the service of notice in the manner provided in subsection (h) of this section and may also recover its costs, expenses and reasonable attorney fees incurred in such action.

(k) Special Permits. A special permit may be issued which allows the holder thereof to accomplish the replacing or repairing of any facility within the County highway or right-of-way and tree trimming for overhead utilities without necessity for obtaining a permit for each such encroachment activity.

Utility poles, wires, cables and other related appurtenances thereto may be installed under the provisions of a special permit; except that no facilities other than overhead wires and cables shall be placed within the traveled portion of any County highway or traveled portion of any County right-of-way.

Any excavations performed under the authority of a special permit shall not exceed four (4) feet in width and twenty-five (25) feet in length. The following organizations are eligible to apply for a special permit:

(l) Limitation of Activity. All activities within the right-of-way under the terms of a special permit shall be done in conformance with the requirements in this chapter applicable to all permits. Any activity done in violation of such requirements shall be grounds for immediate revocation of the special permit by the Director. Any special permit shall be subject to such conditions as the Director finds necessary for the protection of the public or the County highway. Any opening or excavation made under the authority of a special permit shall not exceed four (4) feet in width or twenty-five (25) feet in length except that this limitation shall not apply to emergency work as defined in this chapter. (Ord. 896, §§ 210, 212 – 221, 12/21/1972; Ord. 1217, § 1, 5/2/1978; Ord. 1279, § 1, 10/10/1978; Ord. 1609, § 4, 8/9/1983; Ord. 2673, § 3, 5/4/2021)