September 3, 1975 (8 pages)

ee Board. inty of E irsuant inty of ar this hen its it must nent or > of an he perlity but of the sonable unty of NAND . under . by the ons, to tices in ‘k shall chment der the ruction andard Jepartvay be nent. ployee to this ynty of Nnsions, ited by . ‘tment. deems 2 for a e. Such t in the unty of ON OF ‘ized by ly time, ting, or 1 by the . of way rse the »storin as adthin the ne void, 3S been unty of. mit has nent in rk shall unty of ying the 1 in the address ly upon re mail, der the unty of \TION 1 from conduit use or yhen an cing an pply for ng with person + notif unty of or comr other ‘mittee, ygneral tori otattactied: to:girdie: PUBLIC NOTICE PUBLIC NOTICE (c) The width or height that may be moved, or — (d) Other restrictions or control of travel on a road or highway. : 3 The permittee at all times shall conform to and abide by the ractice and Prenat aby necessary to make safe and convenient he travel of the general public and to keep safe and preserve the road or wey over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee. SECTION XVIII : Section G-IV 4.18 of the General Code of the County ‘of Nevada, California, is hereby added: ; Section G-IV 4.18TRAFFIC SAFETY The permittee shall take appropriate measures té assure that, during the performance of the work, traffic condiditions 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. The Department may permit the closing of a highway for specific periods of time if it is dren 7 ,and the Department may require the permittee to bg notification to any interested persons before such closing. he permittes shall provide safe access for each road and i each parcel of land. He shall provide watchmen, signs, barricades, railings, lights, as specified by the State Depart-ment of Transportation ‘‘Manual of Warning Signs, Lights and Devices for Use in Performance of Work on Highways,” or any other safety devices, necessary for the safe passage of any person or vehicle using the highway. ay omission on the part of the Department to specify in the permit protective measures or devices shall be provided, erected, or maintained by the permittee or the fact that the Department may not specify sufficient protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations for adequately protecting the safety of the traveling public. If, at any time, the Department finds that suitable safeguards are not being provided, the County may provide, erect, maintain,. or relocate, the safeguards deemed necessary or may cancel the permit and restore the right of way to its former condition, all at the expense of the permitee. A permittee making any excavation or leaving any obstruction on a nignwey: or paualle the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obsturuction, at nor more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the .excavation is entirely refilled or the obstruction removed and the right of way made safe for use. SECTION XIX Section G-IV 4.19 of the General Code of the County of Nevada, Callfornia. is herebv added: Section G-1V 4.19AIDS TO VISIBILITY When the location or position ot a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Department may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Transportation of the State of California, at the expense of the permittee. -‘ : SECTION XX Section G-IV 4.20 of the General Code: of the County of Nevada, California, is hereby added: Section G-IV 4.20 STORAGE OF MATERIAL No material shall be stored within five (5) feet of.a public highway. Excess earth materials from trenching or other operations shall be removed trom the paverfient, traveled way, or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the Department. SECTION XxXt Section G-IV 4.21 of the General Code of the County of Nevada, California, is hereby added: eS Section G-IV 4.21DUST AND DEBRIS 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. SECTION XXII . Section G-IV 4.22 of the General Code of the County of Nevada, California. is herebv added: G-IV 4.22 PROTECTION OF ADJOINING PROPERTY The permittee shall at all times and at his own expense preserve and protect from iniury any adjoining property by providing proper foundations, shoring, and taking other measures suitable for the purpose. The permittee must obtain permission from the owner of private dg Bi enter upon or do work on such property. The permittee shall be responsible for all damage to any roads or other public or private property, real and personal, resulting from the performance of his work. SECTION XXlll : Section G-IV 4.23 of Ley slob Code of the County of Nevada, California, is hereby a ‘ 0 Section G-1V 4.23 PRESERVATION OF MONUMENTS 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 bagi? « benchmark within the County shall not be removed or disturbed or caused to be removed or distrubed without first obtaining permission in writing from the Department 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 directions of same. After completion the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee. SECTION XXIV Section G-!V 4.24 of the General Code of the County of Nevada, California, is hereby added: ” Spetion GV 4,24 POLES AND TRANSMISSION LINE CARRIERS Clearances and types in the construction of poles and transmission line carriers shall accord with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction. . No guy wires shall be attached ‘to trees without specific the p it, ahd: In-no-event:shall guy wires.be tree or, interfere with its growth. wires shall not be: below the: minimum ‘elevation above t round prescribed in the rules,.orders, and regulations, of the ublic Utilities: Commission.Guy . lf the encorachment is not. located o i he «this, section; ‘fhe’. Department: may ‘diréct’.the ‘permittee to September 3, 1975 Wed., The Nevada County Nugget 5 PUBLIC NOTICE . PUBLIC NOTICE The permittee shall remove and keep clear all vegetation on the right of way within a radius of at least five (5) feet of poles when requested by the Department. : When a pole, guy, stub, or similar timber is removed.and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted. SECTION XXV . Section G-IV 4.25 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.25 SMALL PIPES OR RIGID CONDUITS Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be'permitted except as specifically set forth in the permit. SECTION XXVI . Section G-IV 4.26 of the General Code of .the County of Nevada, California, is hereby added: Section G-IV 4.26 MAIL BOXES All mail boxes shall be placed in accordance with the rules and ee of the United States Post Office Department, but no box shall be so placed within the road right of way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mail boxes. SECTION XXVII ‘ Section G-IV 4.27 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.27 RESTORING HIGHWAY Any permit issued under the provisions of this Ordinance 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 Department finds necessary for the protection of the highway. The Department may perform such work, at its discretion, and charge the permittee for all costs incurred. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. On notice from the Department, the permittee shall immediately repair any injury, damage, or nuisance. in any portion of the right of way resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notice, the County at its option may make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged the actual costs of labor and materials, plus fifteen percent (15 percent) as administrative costs. By acceptance of the permit; the permittee agrees to comply with this section. SECTION XXVIII Section G-1V 4.28 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.28 CARE OF DRAINAGE ‘If the work, use, or encroachment authorized in a permit interferes with the established drainage, the permittee shall provide for proper drainage as approved by the Department. SECTION XXIX Section G-IV 4.29 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.29 CLEAN. UP 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 Department. From time to time, as may be ordered by the Department and, in any event, immediately after completion of werk, the permittee shall, at his own expense, clean up and remove atl refuse and unused materials of any kind resulting from such work, and upon failure to do so within twenty-four (24) hours after having been notified to do so by the Department, the work may be done by the Department and the cost thereof charged to the permittee. SECTION XXX Section G-IV 4.30 of the General Code of the County cf Nevada, California is hereby added: * Section G-IV 4.30 RELOCATION OF FACILITIES Any permit issued to a public utility or other public body under the provisions of this Ordinance 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 his own expense. In said event, the Department shall serve on the permittee his 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 (5) days notice and the encroachment must be removed or relocated as may be specified by the Department ina notice revoking the permit and within the time specified by the Department which time shall not be less than such five days unless the permit so provides. SECTION XXX! Section G-IV 4.31 of the General Code of the County of Nevada, California, is pareyy. added: r eee G-IV 4.31 PLANTING AND MAINTENANCE OF R Applications for permits to plant trees in the right of way shall be made on a form prescribed by the Department. The of form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees jn a neat, healthy, and safe condition to the satisfaction of the Department, and an agreement to remove the trees as directed by the 0 Department and to pay the cost of removal on the permittee’s failure promptly to remove the trees on direction of the Department. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the Department. All tcees placed in the right of way shall be maintained by the permittee or his successor in interest or by some other interested party in a neat, healthy and safe condition to the -satistaction of the Deperimentoet : maintai yremave the .encorachment:and:«restore: the a ‘of ‘way. to.its former condition at the expense of the permittee; if fhe perno-expens Luce le re cake throne ye Ce rays @s Specified:in. . Noes: None.2! ok 2 nig Ao Ras Date of Publication: September 3, 1975. Ss So reas PUBLIC NOTICE mittee-fails promptly to remove the encroachment as.directed, the Department shall have the right to remove it and collect the cost of removal from the permittee, together with all of the County’s costs and expenses inenforcing collection. The Department shall refuse to issue a permit authorizing the planting of trees in the right of way when the tree and the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right of way, interfere with the construction or maintenance of necessary facilities, or interfere with the existing pipelines, utility installations, or other facilities lawfully placed within the nant of way. os SECTION XXXII Section G-IV 4.32 of the General Code Nevada, California, is hereby added: ; Section G-IV 4.32 TRIMMING OR REMOVING TREES Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this Ordinance so that the shapeliness of the trees may be preserved. An application for removal of a tree will be approved and permit issued only when a necessity for removal exists. When a PUBLIC NOTICE of the County of tree is removed under. authority of a permit, the entire stump‘ shall be taken out for a distance of at least two feet (2') below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right of way restored to its former condition. SECTION. XXXII . Section: G-IV 4.33 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.33 HEDGES AND FENCES No hedge, shrub, or other planting whatever, or fence or similar structure, shall be planted, erected, or: maintained in a right of way without a permit. No hedge, shrub; or other — planting whatever, or fence or similar structure shall maintained across my onary walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment will be permitted or maintained. which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the right of way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic. SECTION XXXIV Section G-IV 4.34 of the General Code of' the County of Nevada, California, is hereby added: : Section G-IV 4.34 MAINTENANCE OF HEDGES, PLANTINGS, AND FENCES The permittee or property owner shall maintain the hedges, shrubs, or other planting, or fence or similar structure, used for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this section, the Department may direct the Permittee or property owner to remove the encroachment and restore the right of way to its former condition at the expense of the permittee or property owner. SECTION XXXV Section G-IV 4.35 of the General Code of the County of Nevada, California, is hereby added: ' Section G-IV 4.35 LAWNS , Other provisions of this Ordinance notwithstanding, it is lawful for a person, firm, or corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass type not otherwise prohibited by law within the right of way without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way nor into the drainage ditches, gutter, or other drainage facilities. The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The County may use the planted area for any purpose and may issue a permit to any applicant to go’on the planted area to perform work or otherwise encroach under this division. If the fawn or similar ground cover is damaged or disturbed in the course of an authorized encorachment, the permittee will be hetd responsible for the replacement unless the permit specifically staten otherwise. SECTION XXXVI Section G-IV 4.36 of the General Code of the. County of Nevada, California, is hereby added: Section G-1V 4.36 DISCLAIMER OF LIABILITY This ordinance 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 work permitted hereunder. SECTION XXXVII : This ordinance shall take effect and be in force at the exiration of thirty (30) days from and after its passage, and shall come operative on the 18th day of September, 1975, and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the Supervisors voting for and against same, in The ‘Nugget, a newspaper of general circulation printed and published in the County of Nevada. ATTEST: THEO. A. KOHLER, JR. County Clerk and ex-officio Clerk of the Board of Supervisors By JEANETTE HILLMAN Deputy Clerk The foregoing instrument is.a correct copy of the original dinance No. 727 on file in this. office. Attest August 29, 1975 THEO. A. KOHLER, JR., Board of Supervisors County Clerk and. Ex Officio Clerk of the Board of Supervisors County of Nevada By Cathy West, Deputy Ayes: Supervisors Ralph Buchanan, Mike McKee, William <=

ee Board. inty of E irsuant inty of ar this hen its it must nent or > of an he perlity but of the sonable unty of NAND . under . by the ons, to tices in ‘k shall chment der the ruction andard Jepartvay be nent. ployee to this ynty of Nnsions, ited by . ‘tment. deems 2 for a e. Such t in the unty of ON OF ‘ized by ly time, ting, or 1 by the . of way rse the »storin as adthin the ne void, 3S been unty of. mit has nent in rk shall unty of ying the 1 in the address ly upon re mail, der the unty of \TION 1 from conduit use or yhen an cing an pply for ng with person + notif unty of or comr other ‘mittee, ygneral tori otattactied: to:girdie: PUBLIC NOTICE PUBLIC NOTICE (c) The width or height that may be moved, or — (d) Other restrictions or control of travel on a road or highway. : 3 The permittee at all times shall conform to and abide by the ractice and Prenat aby necessary to make safe and convenient he travel of the general public and to keep safe and preserve the road or wey over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee. SECTION XVIII : Section G-IV 4.18 of the General Code of the County ‘of Nevada, California, is hereby added: ; Section G-IV 4.18TRAFFIC SAFETY The permittee shall take appropriate measures té assure that, during the performance of the work, traffic condiditions 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. The Department may permit the closing of a highway for specific periods of time if it is dren 7 ,and the Department may require the permittee to bg notification to any interested persons before such closing. he permittes shall provide safe access for each road and i each parcel of land. He shall provide watchmen, signs, barricades, railings, lights, as specified by the State Depart-ment of Transportation ‘‘Manual of Warning Signs, Lights and Devices for Use in Performance of Work on Highways,” or any other safety devices, necessary for the safe passage of any person or vehicle using the highway. ay omission on the part of the Department to specify in the permit protective measures or devices shall be provided, erected, or maintained by the permittee or the fact that the Department may not specify sufficient protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations for adequately protecting the safety of the traveling public. If, at any time, the Department finds that suitable safeguards are not being provided, the County may provide, erect, maintain,. or relocate, the safeguards deemed necessary or may cancel the permit and restore the right of way to its former condition, all at the expense of the permitee. A permittee making any excavation or leaving any obstruction on a nignwey: or paualle the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obsturuction, at nor more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the .excavation is entirely refilled or the obstruction removed and the right of way made safe for use. SECTION XIX Section G-IV 4.19 of the General Code of the County of Nevada, Callfornia. is herebv added: Section G-1V 4.19AIDS TO VISIBILITY When the location or position ot a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Department may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Transportation of the State of California, at the expense of the permittee. -‘ : SECTION XX Section G-IV 4.20 of the General Code: of the County of Nevada, California, is hereby added: Section G-IV 4.20 STORAGE OF MATERIAL No material shall be stored within five (5) feet of.a public highway. Excess earth materials from trenching or other operations shall be removed trom the paverfient, traveled way, or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the Department. SECTION XxXt Section G-IV 4.21 of the General Code of the County of Nevada, California, is hereby added: eS Section G-IV 4.21DUST AND DEBRIS 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. SECTION XXII . Section G-IV 4.22 of the General Code of the County of Nevada, California. is herebv added: G-IV 4.22 PROTECTION OF ADJOINING PROPERTY The permittee shall at all times and at his own expense preserve and protect from iniury any adjoining property by providing proper foundations, shoring, and taking other measures suitable for the purpose. The permittee must obtain permission from the owner of private dg Bi enter upon or do work on such property. The permittee shall be responsible for all damage to any roads or other public or private property, real and personal, resulting from the performance of his work. SECTION XXlll : Section G-IV 4.23 of Ley slob Code of the County of Nevada, California, is hereby a ‘ 0 Section G-1V 4.23 PRESERVATION OF MONUMENTS 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 bagi? « benchmark within the County shall not be removed or disturbed or caused to be removed or distrubed without first obtaining permission in writing from the Department 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 directions of same. After completion the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee. SECTION XXIV Section G-!V 4.24 of the General Code of the County of Nevada, California, is hereby added: ” Spetion GV 4,24 POLES AND TRANSMISSION LINE CARRIERS Clearances and types in the construction of poles and transmission line carriers shall accord with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction. . No guy wires shall be attached ‘to trees without specific the p it, ahd: In-no-event:shall guy wires.be tree or, interfere with its growth. wires shall not be: below the: minimum ‘elevation above t round prescribed in the rules,.orders, and regulations, of the ublic Utilities: Commission..Guy . lf the encorachment is not. located o i he «this, section; ‘fhe’. Department: may ‘diréct’.the ‘permittee to September 3, 1975 Wed., The Nevada County Nugget 5 PUBLIC NOTICE . PUBLIC NOTICE The permittee shall remove and keep clear all vegetation on the right of way within a radius of at least five (5) feet of poles when requested by the Department. : When a pole, guy, stub, or similar timber is removed.and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted. SECTION XXV . Section G-IV 4.25 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.25 SMALL PIPES OR RIGID CONDUITS Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be'permitted except as specifically set forth in the permit. SECTION XXVI . Section G-IV 4.26 of the General Code of .the County of Nevada, California, is hereby added:

Section G-IV 4.26 MAIL BOXES All mail boxes shall be placed in accordance with the rules and ee of the United States Post Office Department, but no box shall be so placed within the road right of way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mail boxes. SECTION XXVII ‘ Section G-IV 4.27 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.27 RESTORING HIGHWAY Any permit issued under the provisions of this Ordinance 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 Department finds necessary for the protection of the highway. The Department may perform such work, at its discretion, and charge the permittee for all costs incurred. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. On notice from the Department, the permittee shall immediately repair any injury, damage, or nuisance. in any portion of the right of way resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notice, the County at its option may make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged the actual costs of labor and materials, plus fifteen percent (15 percent) as administrative costs. By acceptance of the permit; the permittee agrees to comply with this section. SECTION XXVIII Section G-1V 4.28 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.28 CARE OF DRAINAGE ‘If the work, use, or encroachment authorized in a permit interferes with the established drainage, the permittee shall provide for proper drainage as approved by the Department. SECTION XXIX Section G-IV 4.29 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.29 CLEAN. UP 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 Department. From time to time, as may be ordered by the Department and, in any event, immediately after completion of werk, the permittee shall, at his own expense, clean up and remove atl refuse and unused materials of any kind resulting from such work, and upon failure to do so within twenty-four (24) hours after having been notified to do so by the Department, the work may be done by the Department and the cost thereof charged to the permittee. SECTION XXX Section G-IV 4.30 of the General Code of the County cf Nevada, California is hereby added: * Section G-IV 4.30 RELOCATION OF FACILITIES Any permit issued to a public utility or other public body under the provisions of this Ordinance 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 his own expense. In said event, the Department shall serve on the permittee his 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 (5) days notice and the encroachment must be removed or relocated as may be specified by the Department ina notice revoking the permit and within the time specified by the Department which time shall not be less than such five days unless the permit so provides. SECTION XXX! Section G-IV 4.31 of the General Code of the County of Nevada, California, is pareyy. added: r eee G-IV 4.31 PLANTING AND MAINTENANCE OF R Applications for permits to plant trees in the right of way shall be made on a form prescribed by the Department. The of form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees jn a neat, healthy, and safe condition to the satisfaction of the Department, and an agreement to remove the trees as directed by the 0 Department and to pay the cost of removal on the permittee’s failure promptly to remove the trees on direction of the Department. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the Department. All tcees placed in the right of way shall be maintained by the permittee or his successor in interest or by some other interested party in a neat, healthy and safe condition to the -satistaction of the Deperimentoet : maintai yremave the .encorachment:and:«restore: the a ‘of ‘way. to.its former condition at the expense of the permittee; if fhe perno-expens Luce le re cake throne ye Ce rays @s Specified:in. . Noes: None.2! ok 2 nig Ao Ras Date of Publication: September 3, 1975. Ss So reas PUBLIC NOTICE mittee-fails promptly to remove the encroachment as.directed, the Department shall have the right to remove it and collect the cost of removal from the permittee, together with all of the County’s costs and expenses inenforcing collection. The Department shall refuse to issue a permit authorizing the planting of trees in the right of way when the tree and the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right of way, interfere with the construction or maintenance of necessary facilities, or interfere with the existing pipelines, utility installations, or other facilities lawfully placed within the nant of way. os SECTION XXXII Section G-IV 4.32 of the General Code Nevada, California, is hereby added: ; Section G-IV 4.32 TRIMMING OR REMOVING TREES Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this Ordinance so that the shapeliness of the trees may be preserved. An application for removal of a tree will be approved and permit issued only when a necessity for removal exists. When a PUBLIC NOTICE of the County of tree is removed under. authority of a permit, the entire stump‘ shall be taken out for a distance of at least two feet (2') below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right of way restored to its former condition. SECTION. XXXII . Section: G-IV 4.33 of the General Code of the County of Nevada, California, is hereby added: Section G-IV 4.33 HEDGES AND FENCES No hedge, shrub, or other planting whatever, or fence or similar structure, shall be planted, erected, or: maintained in a right of way without a permit. No hedge, shrub; or other — planting whatever, or fence or similar structure shall maintained across my onary walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment will be permitted or maintained. which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the right of way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic. SECTION XXXIV Section G-IV 4.34 of the General Code of' the County of Nevada, California, is hereby added: : Section G-IV 4.34 MAINTENANCE OF HEDGES, PLANTINGS, AND FENCES The permittee or property owner shall maintain the hedges, shrubs, or other planting, or fence or similar structure, used for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this section, the Department may direct the Permittee or property owner to remove the encroachment and restore the right of way to its former condition at the expense of the permittee or property owner. SECTION XXXV Section G-IV 4.35 of the General Code of the County of Nevada, California, is hereby added: ' Section G-IV 4.35 LAWNS , Other provisions of this Ordinance notwithstanding, it is lawful for a person, firm, or corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass type not otherwise prohibited by law within the right of way without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way nor into the drainage ditches, gutter, or other drainage facilities. The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The County may use the planted area for any purpose and may issue a permit to any applicant to go’on the planted area to perform work or otherwise encroach under this division. If the fawn or similar ground cover is damaged or disturbed in the course of an authorized encorachment, the permittee will be hetd responsible for the replacement unless the permit specifically staten otherwise. SECTION XXXVI Section G-IV 4.36 of the General Code of the. County of Nevada, California, is hereby added: Section G-1V 4.36 DISCLAIMER OF LIABILITY This ordinance 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 work permitted hereunder. SECTION XXXVII : This ordinance shall take effect and be in force at the exiration of thirty (30) days from and after its passage, and shall come operative on the 18th day of September, 1975, and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the Supervisors voting for and against same, in The ‘Nugget, a newspaper of general circulation printed and published in the County of Nevada. ATTEST: THEO. A. KOHLER, JR. County Clerk and ex-officio Clerk of the Board of Supervisors By JEANETTE HILLMAN Deputy Clerk The foregoing instrument is.a correct copy of the original dinance No. 727 on file in this. office. Attest August 29, 1975 THEO. A. KOHLER, JR., Board of Supervisors County Clerk and. Ex Officio Clerk of the Board of Supervisors County of Nevada By Cathy West, Deputy Ayes: Supervisors Ralph Buchanan, Mike McKee, William <=