Enter a name, company, place or keywords to search across this item. Then click "Search" (or hit Enter).

Copy the Page Text to the Clipboard

Show the Page Image

Show the Image Page Text


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

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