Search Nevada County Historical Archive
Enter a name, company, place or keywords to search across this item. Then click "Search" (or hit Enter).
To search for an exact phrase, use "double quotes", but only after trying without quotes. To exclude results with a specific word, add dash before the word. Example: -Word.

Collection: Newspapers > Nevada County Nugget

September 3, 1975 (8 pages)

Go to the Archive Home
Go to Thumbnail View of this Item
Go to Single Page View of this Item
Download the Page Image
Copy the Page Text to the Clipboard
Don't highlight the search terms on the Image
Show the Page Image
Show the Image Page Text
Share this Page - Copy to the Clipboard
Reset View and Center Image
Zoom Out
Zoom In
Rotate Left
Rotate Right
Toggle Full Page View
Flip Image Horizontally
More Information About this Image
Get a Citation for Page or Image - Copy to the Clipboard
Go to the Previous Page (or Left Arrow key)
Go to the Next Page (or Right Arrow key)
Page: of 8  
Loading...
4 The Nevada County Nugget Wed., September 3, 1975. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE ORDINANCE NO. 727 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA ORDINANCE AMENDING SECTIONS G-IV 4.1, 4.2 AND 4.3 AND ADDING SECTIONS G-IV 4.4 THROUGH 4.36, CHAPTER IV, ARTICLE 4, GENERAL CODE OF NEVADA COUNTY CODE, 1956, AS AMENDED, RECODIFIED IN 1972. (REGULATING ROADWAY ENCROACHMENTS AND TRANSPORTATION PERMITS FOR NONLEGAL LOADS). THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION . Section G-IV 4.1 of the General Code of the County of Nevada, California, is amended as follows: Section G-IV 4.1DEFINITIONS For the purccses of this ordinance, the following words and phrases shall have the meanings respectively ascri to them y this section.(A) APPLICANT: Any person making written application to the Department of Public Works for an excavation or encroachment permit hereunder, is an applicant. —. ‘i be BOARD: The Board of Supervisors of the County of evada. — (C) DEPARTMENT: The Department of Public Works of Nevada County and the authorized representatives of the Department of Public Works. (D) HIGHWAY: The term “HIGHWAY” includes all or any part of the entire width of right of way of a County, owned or maintained highway, street, road or alley and the space over it and the ground under it, whether or not such entire area is actually used for highway purposes. If right of way is by prescription, a highway includes the area from the centerline to the top of cut, toe of fill, or ten feet from the edge of traveled way, whichever is farther on both sides of the road, except that it does not include the area behind a fence having existed for more than 5 years. (E) ENCROACHMENT: The term “encroachment” includes any tower, pole, poleline, pipe, pipeline,. driveway, private road, fence, sign, building, tree, lighting or building a fire within the right of way, embankment, excavation or any structure or bo aad of any kind. or character not particularly mentioned in this section, which is placed in, under or over any portion of the highway, or which may cause water to back onto any portion of the i eee or which may obstruct maintenance of or travel on the i as It also includes traveling on the right of way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law. (F) EXCAVATION: Removal of material and any opening in the surface except an opening into a lawful structure below the surface, the top of which is flush with the adjoining surface and.so constructed as to permit frequent openings without in_ jury or damage to the road. (G) PERMITTEE: Means any person, firm, company, corporation, association, public agency or organization that oposes to do work or encroach on a right of way as defined in his section and has been issued a permit for encroachment by the Department. All obligations, responsibilities, and other requirements of the permittee as described in this division shall be binding on subsequent owners of the encroachment. SECTION II Section G-IV 4.2 of the General Code of the County of Nevada, California, is amended as follows: Section G-IV 4.2WORK REQUIRING PERMIT No person, firm, lh onal corporation, association, public agency or organization shall do or cause to be done any of the following without first obtaining a permit therefore, and complying with all conditions thereof, and all provisiions of this ordinance: A. Fill or excavate in a highway. B. Install, construct, cut into, improve, or remove any sidewalks, driveways, curbs, gutters, walls, culverts, road approaches, or road surfacing, or install, repair or remove any facilities or substructures in, on, over, or under any highway. C. Place, change, or renew an encroachment. . D. Place or display in 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 Department of Public Works may immediately remove it. The provisions of this section shall not prohibit the posting of any notice required by law or by the order of any court of this state. E. Plant, remove, trim, injure or destroy any tree or shrub in.a A sheen! & F. Move over the surface any Highway or over any bridge, viaduct, or other structure maintained by this County. any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics . capable of damaging the right of way. SECTION III Section G-IV 4.3 of the General Code of the County of Nevada, California, is amended as follows: : ion G-1V 4.3APPLICATION ; ba ications for permits for rere of any of the Acts stated in Section 2, hereof, shall be made in writing upon forms furnished by the Department and approved by the Director of ‘the. Department: The form shall be filed with the Department and shall set out the following in detail where applicable: , A: Name and_residence or business address and phone number of the applicant. ’ B. Same for person to be hired by applicant to do the proposed work. If this information is not known at time of aplication, the permittee shall provide said information to the partment prior to start of work by the person hired to do the C. Location, dimensions, purpose, extent and nature of the proposed encroachment. ‘may, at its discretion, proceed against the surety or bond 4 a 72h SO Bal oS Bey o a Gite Wired, . “cre €4 % Pile , "2 i C$ oF ake ae SS ¢ * Ate ye? D. Such other information as may be needed by the Department such as engineering calculations, cross-sections, profiles, etc. " E. The permittee shall keep himself adequatelyinformed of all state and federal laws and local ordinances and regulations which affect the permit. ‘ F. The applicant shall also enclose with, attach to, or add to the application copies of the written order or consent to any work under the permit, required by law, of the Public Utilities Commission, sanitary districts, water districts, or any other public body having jurisdiction. A permit shall ‘not be issued until the order or consent, if required, is first obtained and evidence of it filed with the Department. The permittee at all times shall comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders, and shall ‘sign a statement agreeing to protect and indemnify the County and all of its officers, agents, and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation, or order issued under police power and in accordance, with law, whether by himself or his agents or employees. G. The applicant shall enclose with, attach or add to the application for a permit, a map, plat, sketch, diagram, or similar exhibit, when required by the Department, of a size and in the quantity that it may prescribe, on which shall be plainly shown all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of the applicant to cause an encroachment. If necessary, changes, corrections, and notes will be made on the . map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit. H. Application to move nonlegal vehicles shall also provide the following information: 1. Weight, height, width, length. 2. Route to be taken. 3. Number. of axles of the vehicle or vehicles hauling the non legal load. SECTION IV ~~ “Section G-IV 4.4 of the General Code of the County o Nevada, California, is hereby added: ai Section G-IV 4.4 NONACCEPTABLE PERMIT APPLICATIONS. No application will be accepted nor rmit issued for constructing or maintaining a loading platform within or on the right of way.or for erecting, dog or maintaining a post, pole, column or structure for support for advertising signs or make any marking other than temporary survey or construction markings within the highway or for erecting, using or maintaining ipa signs which overhang the highway. Any such encroachment is illegal. ean Gi 4.5 of the General Code of the County of Nevada, California, is hereby added: : Section G-IV 4.5BOND REQUIRED Before granting a permit under the provisions of this Ordinance, the Department may require the applicant to file with the Board security in the form of cash or a satisfactory bond yable to the County of Nevada in such amount as the partment deems sufficient to reimburse the County for costs of restoring the right of way to its former condition.
The Department may require a new or additional bond or cash deposit at any time that evidence indicates the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right of way to its former condition. Any bond or cash deposit required by the Department under/fthis division shall be cayabia to the County and shall be filed with-the Department. On ptm ip gant of all work authorized in the permit and fulfillment of all conditions of the permit, the Board of Supervisors will release the bond or cash deposit on the expiration of ninety (90) days. The Public Works Director may waive the provisions of this section relating to cash deposit or surety bond for permits required under this ordinance u tificate of insurance Mba perre ee is adequately insured to assure reimbursement to the County for repair of any damac caused to County property. is Ree RAY SAO In the-event any applicant shall refuse to Boy Shy fees, costs, or charges due under this ordinance, the or feo sl S by the applicant pursuant to this ordinance to collect such fees, costs, or charges. The Department may, in addition, refuse to issue any new permits to an applicant with unpaid fees, costs, or , charges due on any job. SECTION VI Section G-IV 4.6 of the General Code of the County of Nevada, California, is hereby added: ction G-IV 4.6 ISSUANCE OF WRITTEN PERMITS he written permits required by this division my be issued by the Department for any lawful use, subject to coniditions set forth in this division and required by law. The Department may issue a single permit for any number of encroachments which are part of a single Eroiect or single iob. It may also issue annual blanket permits to utilities for routine minor work performed by owners or employees of the permittee. Either permit shall become effective and shall be exercised by notice given to the Department not less than 24 hours before work is to be. commenced thereunder. SECTION Vil 7 ; ; Section G-IV 4.7 of the General Code of The County of Nevada, California, is hereby added: Section G-IV 4.7REFUSAL TO ISSUE PERMIT he Department may refuse to issue a permit to an applicant who is in default of any terms or conditions of any prior ply issued by the Department. ECTION VIII Section G-1V 4.8 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.8FEES The schedule of fees will be those recommended by the Department and established and adopted by the Board from time to time by resolution. Before a permit is issued, the apicant: shall. deposit: with: the: ent for payment. to the in satisfactory proof by cer~ «Teeasurer:of: the County: cash orscheck ina sufficient sym ‘to: Acover the fee‘for issuance-of the'permit, at for:tieldin"rvestigation, and the fea fornecessary Inspection, .all “in ‘ac: : cordance with schedules established and adopted by the Board. SECTION IX : Section G-IV 4.9% of the. General Code of the County of Nevada, California, is perety added: -—~§ection G-IV 4.9PERMITS NONTRANSFERABLE Transportation and encroachment permits issued pursuant to this ordinance are nontransferable. SECTION X Section G-IV 4.10 of the General Code of the County of Nevada, California, is hereby’ added: Section G-IV 4.10DISPLAY OF PERMIT The permittee shall keep any. permit issued under this division at the site of work, or in the cab.of a vehicle when its movement on a public highway Is involved, and the permit must be shown to an authorized representative of the Department or law enforcement officer on demand. A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise satequarded during the term of validity but shall be made available to an authorized representative of the gi Department or law enforcement officer within a reasonable T time after demand. SECTION XI Section G-IV 4.11 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.11STANDARDS ON SUPERVISION AND INSPECTION : All encroachment work done under a permit issued under this ordinance shall conform to specifications established by the Department or in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to approval of the Department. Unless otherwise noted on the permit, all encroachment work performed on any public nigtwey or ia of way under the jurisdiction of the County shall conform to the construction specifications contained in the current edition of the Standard Specifications of the State of California, issued by the Department of Public Works, Division of Highways, as may be amended by special provisions adopted by the Department. No person shall prevent or obstruct any officer or employee of the Department in making any inspection pursuant to this ordinance, nor in taking any sample or making any test. SECTION XII Section G-IV 4.12 of the General Code of the County of Nevada, California, is herby added: Section G-IV 4.12REVISIONS No changes shall be made in the location, dimensions, character, or duration of the encroachment or use granted by . the permit except on written authorization by the Department. The Department may revise any permit as it deems necessary or according to a request by the permittee for a revision acceptable to the Department by written notice. Such revision becomes effective forty-eight hours after deposit in the United States mail or upon personal service. SECTION XIIISection, G-IV 4.13 of the General Code of the County of Nevada, California, is hereby added: wane G-IV 4.13 TERM OF PERMIT: CQMPLETION OF The permittee shall complete the work or use aythorized by a permit. within the time specified in the permit. If, at any time, the Department finds that delay in inning, prosecuting, or completing the work or use is due to lack of diligence by the Permittee, it may cancel the permit and restore the right of way to its former condition. The permittee shall. reimburse the County for all expenses incurred by the Department in restorin the right of way, plus fifteen percent (15 percent) as administrative costs. If the work or use is not begun within the time stated in the permit, then the permit shall become void, N unless betore its expiration the time for beginning has been extended in writing by the Department. SECTION XIV Section G-IV 4.14 of the General Code of the County of. Nevada, California, is hereby added: Section G-IV 4.14 NOTICE OF COMPLETION Upon completion of any work or act for which a permit has been granted, the permittee shall notify the Department in writing on a form prescribed by the Department. No work shall be deemed completed without such notice. SECTION XV Section G-IV 4.15 of the General Code of the County of Nevada, California, is hereby added: : Section G-IV 4.15 REVOCATION OF PERMIT The Department may revoke any permit by notifying the oe in writing ey delivered or deposited in the nited States mail addressed fo the permittee at the address shown on the application form . Effective immediately upon peony delivery or forty-eight hours after deposit in the mail, he pemit is void and no work may be performed under the pemit unless it is reinstated i:y the Department. SECTION XVI ° Section G-IV 4.16 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.16 EMERGENCY WORK AUTHORIZATION This division shall not prevent any person from rforming emergency maintenance on any pipe or conduit awfully on a highway or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use or encroachment of a right of way shall apply for a written permit within ten (10) calendar days, beginning with the first business day the county offices open. Any person requiring an emergency use or encroachment shall first “lb the Department. During the hours the County offices are closed, notice shall be given the Sheriff's office. SECTION Xvilo : Section G-IV 4.17 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.17 MOVEMENT OF VEHICLES _ When authorized, by a permit to move a vehicle or combination of vehicles or load of dimension, weight, or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a road or highway, Incl : travel -eoeuale “(b) Weight which may be placed on’a structure: C tr a a a