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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER II.
OBSTRUCTIONS AND ENCROACHMENTS

ARTICLE 1.
ENCROACHMENT PERMITS

Sec. B17-18. "Encroachment" defined.

As used in this chapter, the term "encroachment" means any tree, tower, pole, pole line, fence, billboard, stand, building or any structure or other object that is placed in, under or over any portion of a County highway.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-18.1. "Director" defined.

As used in this chapter, the term "Director" means the Director of the County Roads and Airports Department or the Director's authorized representative.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-19. "Fence" defined.

As used in this chapter, the term "fence" means any obstruction of whatever material or composition that is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon that property.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-20. "Hedge" defined.

As used in this chapter, the term "hedge" means any group of shrubs planted in a line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-21. "Person" defined.

As used in this chapter, the term "person" means any natural person or any entity, whether public or private.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-22. Reserved.

Sec. B17-23. "Shrub" defined.

As used in this chapter, the term "shrub" means a bush, not a hedge, or a growing plant more than 12 inches but not more than ten feet tall, standing singly and not of such character as to need annual replacement.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-24. "Sidewalk" defined.

As used in this chapter, the term "sidewalk" shall be as provided in the Vehicle Code of the State of California.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-25. "Street" and "highway" defined.

As used in this chapter, the terms "street" and "highway" shall have identical meanings as defined in the Vehicle Code of the State of California, and in addition shall include the entire width of right of way, whether or not such entire area is actually used or designed for purposes of vehicular travel.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-26. "Tree" defined.

As used in this chapter, the term "tree" means any growing plant exceeding ten feet in height, whether planted singly or as a hedge.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-27. Permitting obstruction prohibited.

No owner or lessee of any premises abutting upon any public street shall permit the existence of obstructions prohibited by this article.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-28. Actions to enjoin, abate violations.

In addition to any of the remedies provided for by this chapter or other law for the violation hereof, the County Counsel may maintain an action for injunction to restrain or abatement to correct or compel the removal of a violation of this chapter.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-29. Permit required.

A written encroachment permit shall be required for any of the following:

(a) Placing, changing, servicing or renewing an encroachment in a County highway.

(b) Constructing a driveway for access purposes so as to encroach on a County highway.

(c) Planting, removing, cutting or altering any tree, shrub, plant or flower growing within or upon a County highway. A permit issued under division C16 of this code is sufficient authority to remove a tree from a County highway.

(d) Making an opening or excavation for any purpose in a County right-of-way.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-30. Reserved.

Sec. B17-31. Prohibited without permit.

No person shall obstruct or encroach upon a County highway or right-of-way without first obtaining a written permit from the Director.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-32. Name of permit.

The permit required by this article shall be known as an encroachment permit.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-33. To whom application made; issuance.

Applications for encroachment permits shall be made to the Director on forms provided by the Director. All permits shall be issued by the Director.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-33.1. Application fee; security required; relocation by utilities.

(a) Applicants for encroachment permits shall pay the nonrefundable application fee established by the board of supervisors by resolution, including the reasonable cost to the County for reviewing the application, establishing conditions, issuing the permit, performing inspections, and maintaining an inventory or database of facilities that are installed, repaired or removed. In addition, applicants shall either deposit with or pledge to the Director a sum of money sufficient in amount to cover the total cost of the contemplated work, or deposit with the Director a good and sufficient bond, as the Director determines. The Director has discretion to waive the requirement for the money or bond for public agencies or public utility corporations that are entitled to operate or maintain facilities in public rights-of-way either by operation of law or under a franchise granted by the County, or for other applicants. This money or bond is required to ensure the proper completion of all work described in the application and proper restoration of property under County jurisdiction, and shall be forfeited or called, as applicable, in the event work is not done properly as provided in this chapter.

(b) No fee or requirement authorized or imposed under this chapter shall be construed to affect or alter any obligation of public and private utilities with facilities installed in any highway to relocate the facilities at no cost to the County, in the event that relocation is required by the County to accommodate a proper governmental use of the highway.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-34. Denial of permit authorized.

The Director may refuse to issue an encroachment permit in proper cases, including those where the applicant has no preexisting legal right to encroach on the property in question.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-35. Permit terms and conditions.

(a) Any permit issued by the Director under this article may contain any of the terms and conditions authorized by Sections 672 to 675, inclusive; and Sections 677 and 678 of the California Streets and Highways Code to be included in permits to be issued by the State of California Department of Public Works for encroachments and obstructions on state highways. Any permit issued shall also contain such requirements and specifications for the work to be performed as are applicable and that have been adopted by action of the board of supervisors.

(b) All duties and obligations to relocate contained in any permit issued by the Director under this article shall not run in favor of the state in the event the highway involved becomes a state freeway.

(c) As a condition of issuing an encroachment permit, the Director may require a field inspection with representatives of both the applicant and the Director. A description of the condition of any existing improvements including pavement and shoulders shall be filed with the Director and the applicant. Existing improvements disturbed by operations under the permit shall be restored at the permittee's expense to the Director's satisfaction. The Director may exempt small utility extensions and lateral connections to existing sanitary sewers from the requirement of prior field inspection.

(d) All persons, except public utilities, applying for an encroachment permit shall take out, pay for and maintain during the duration of the permit, a policy of public liability and property damage insurance protecting the permittee, its agents and employees against any liability for injury or death sustained or suffered by the public or damage to the property of the public by reason of the work relating to the permit. The public liability insurance shall be for limits of at least $300,000 for injury to one and $500,000 for injury to more than one person, and the property damage insurance limit shall be at least $100,000. The insurance shall be placed with a company satisfactory to the County's Risk Manager before work is commenced. The policy or policies of insurance shall name the County, its officers and employees as additional named insureds and shall contain an endorsement precluding cancellation or reduction in coverage unless the County's Risk Manager is given at least ten days advance written notice.

(e) No person in violation of this chapter shall be issued an encroachment permit, nor shall any contractor or agent apply for or be issued an encroachment permit on behalf of the person, until all outstanding violations are corrected or the Director approves a plan for correction, which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be sought by the County.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36. Compliance with permit; waiver or modification.

Any act done under the authority of a permit issued under this article shall be done in accordance with the applicable provisions of this chapter and the terms and conditions of such permit. If circumstances appearing after the work is commenced make it impossible to comply with the permit, the Director may grant a waiver or modify the permit as may be appropriate. Failure to comply with any requirement of this chapter or any encroachment permit shall be cause for revocation of the permit until all violations have been corrected.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.1. Highway excavations; notice of beginning work; emergencies.

The Director shall be notified 24 hours prior to the actual beginning of any excavation in, along or across any highway in the County. Nothing in this chapter shall be construed to prevent any person maintaining any pipe, drain, conduit or similar facilities under a County highway, by virtue of any law ordinance or permit, from making such excavation as may be necessary for the immediate preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the Director within one business day thereafter. Excavations authorized by this section are subject to all requirements of this chapter.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.2. Opening, excavation and backfilling.

Any opening, excavation or backfilling done under the authority of an encroachment permit shall be done in accordance with the latest County Standard Specifications, including the sections titled "Earthwork" and "Aggregate Bases."

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.3. Maintenance of excavation and restoration.

The permittee shall maintain the condition of the excavation and pavement restoration to the Director's satisfaction.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.4. Restoration; supervision; delayed failure of highway.

(a) Any opening or excavation done under the authority of an encroachment permit shall be restored in the manner required and specified herein, which work shall be done in all cases under the supervision and to the satisfaction of the Director.

(b) If the pavement or surface of the highway over any excavation becomes depressed or broken at any time within five years after the excavation, natural wear and tear excepted, the permittee shall, upon the Director's written notice, immediately inspect the depressed or broken area to ascertain the cause of failure. The permittee shall repair the installation or backfill and restore the pavement as the Director specifies. No pavement cut cost recovery fee under article 2 of this chapter shall be charged for work performed under this subsection. If the work is not done as the Director requires, and unless delayed by a strike or conditions beyond the permittee's control, the Director may do the work after giving 24 hours final written notice. The cost of the Director's work, including any inspection costs and administrative overhead incurred by the County, shall be the obligation of the permittee. After the cost is paid to the County, the County shall be responsible for any future repairs of that portion of pavement over the excavation that the Director repaired.

(c) If pavement resurfacing occurs within five years after excavation, and prior to the appearance of depressed or broken pavement or surface over the excavation, the permittee shall have no further obligations under subsection (b).

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.5. Protecting property owners; dust nuisance.

Permittees shall protect property owners from any damage to property or dust nuisance in accordance with the latest County Standard Specifications, including the section titled "Dust Control."

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.6. Correcting noncomplying work.

(a) A permittee shall remedy any noncompliance with terms and conditions of an encroachment permit within five days after written notice to do so by the Director. Upon failure to conform with the Director's notice in a timely manner, the Director shall be entitled to proceed to correct the deficiency, and the costs thereof shall be the obligation of the permittee.

(b) The Director may perform any emergency work requiring immediate attention that the permittee fails or is unable to remedy. The costs of such work shall be the obligation of the permittee.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-36.7. Final approval required; as-built plans.

No work shall be deemed completed until the Director gives final written approval. Before the Director gives final approval, the permittee shall furnish as-built plans, in paper and in approved electronic format, of the work showing a correct plan to view scale, details and a profile showing the locations of all elements of any installation based on data obtained in the field during construction.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-37. Permit to be available for inspection.

Any permit issued under this article except a periodic permit shall be available for inspection to any representative of the County at the site of the construction or work authorized by the permit from the time the work is commenced until completed.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-38. Reserved.

Sec. B17-39. Removing unlawful encroachments.

In addition to other remedies provided by law, the Director may summarily move, remove, cover or tow away an encroachment placed in the road right-of-way without a permit.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-40. Master plans of utilities and cities for existing and planned utility facilities.

Any utility or city that owns, operates or installs any facilities providing water, sewer, gas, electric, communication, video or other utility services, in any highway under County jurisdiction, is encouraged to prepare and submit to the Director a master plan showing the location of all planned involving pavement cuts. The initial master plan should be submitted no later than 180 days after the effective date of this section. Thereafter, a revised and updated master plan should be submitted to the Director semi-annually, on the first regular business days of January and July. Persons who comply in a timely manner with all provisions of this section shall qualify for reduced pavement cut cost recovery fees as set forth in subsection (a) of section B17-47.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-41. Master plans of County departments for existing and planned utility facilities.

Any County department that maintains, operates or installs utility facilities in any highway under the County's jurisdiction shall prepare and submit to the Director a master plan, showing the location of all planned major work involving pavement cuts. The initial master plan shall be submitted no later than 180 days after the effective date of this section. Thereafter, a revised and updated master plan shall be submitted to the Director semi-annually, on the first regular business days of January and July.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-42. Annual highway repavement and resurfacing plan.

In March of each year, the Director shall prepare a plan showing the highway repavement and resurfacing planned by the County for the upcoming fiscal year. Upon approval by the board of supervisors, the Director shall make the plan available for public inspection and send a copy of the plan to all utilities and cities having current master plans on file.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-43. Coordination with master plans and annual plan.

Before applying for an encroachment permit, any person planning to excavate in any highway under County jurisdiction is encouraged to review the applicable master plans and the County's annual plan on file with the Director and shall coordinate, to the extent practicable, with utilities, cities and the County to minimize damage to, and avoid undue disruption and interference with the public use of, such highways, sidewalks or other public places.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-44. Protecting County from liability.

As a condition of issuing an encroachment permit, the Director shall require the applicant to defend and indemnify the County, its officers and employees from any suits, claims or actions brought by any person or entity alleging injury or damage arising out of any act or omission of the applicant occurring in connection with activity under the permit.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-45. Appealing Director's decision; challenging fees.

(a) Any person directly and adversely affected by a Director's decision made under this chapter may appeal the decision by filing a written notice of appeal with the Director no later than ten working days after receiving notice of the Director's decision. The notice of appeal shall state the name, mailing address and telephone number of the appellant, and shall include or attach a statement describing the action being appealed, the grounds for the appeal, and the remedial action requested. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. No later than 30 days after a timely notice of appeal is filed, the County Executive shall render a decision on the appeal. The County Executive may affirm, reverse, or modify the decision appealed. A copy of the resulting decision shall be provided to the appellant at the address shown on the notice of appeal.

(b) Any person required to pay a fee under this chapter desiring to protest or otherwise challenge imposition of the fee shall tender full and timely payment of the fee to the Director, accompanied by a written notice containing a statement that the required payment is tendered under protest, and a description of the factual and legal basis for the protest.

(c) Any judicial action or proceeding to attack, review, set aside, void or annul a fee imposition for which a written notice of protest is filed pursuant to subsection (b) shall be filed no later than 90 days after the notice is received by the Director.

(Ord. No. NS-703.9, 5-18-04)

ARTICLE 2.
PAVEMENT CUT COST RECOVERY FEES

Sec. B17-46. Permit required.

No person shall cut or remove the pavement of any highway under County jurisdiction, for the purpose of constructing, maintaining or removing any pipe, drain, conduit or similar facilities, without first obtaining an encroachment permit to do so in compliance with this chapter.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-47. Pavement cut cost recovery fee.

(a) The Director shall not issue an encroachment permit to cut or remove the pavement of any highway under County jurisdiction until the applicant pays a pavement cut cost recovery fee. The fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair and resurfacing that would be necessary to fully mitigate the damage and degradation caused to adjacent pavement by the proposed excavation. The fee shall be highest for excavations in newly surfaced highways and shall decrease as the age of the highway surface being excavated increases. For persons who comply in a timely manner with all provisions of section B17-40, the fee amount shall be based on the lowest County management system pavement condition index (PCI) measurement as of or following the date of disclosure of plans to excavate that portion of the highway, but in the case of intervening repavement or resurfacing, this provision applies only so long as the excavation work proceeds as scheduled in the master plan. The amount shall be established by resolution of the board of supervisors and shall apply to all persons.

(b) This fee shall not be charged for excavations:

(1) In a portion of highway that the County has scheduled for repavement or resurfacing either during the fiscal year (July 1 through June 30) when the encroachment permit is issued or during the subsequent fiscal year;

(2) In a portion of highway where the existing pavement quality is already so degraded that the pavement condition index (PCI) as defined by the County's pavement management system is less than 25 on the date the encroachment permit is issued;

(3) Made by a person who has complied in a timely manner with all provisions of section B17-40, and whose excavation is in a portion of highway where the County pavement management system's most recent measurement of PCI was less than 25 as of the date that person disclosed plans to excavate that portion of the highway under section B17-40, and whose excavation is completed within one year of disclosure;

(4) That will include any repavement that results in substantial strengthening over the entire width of the highway where the excavation is made for longitudinal cuts, and over the entire length of the highway where the excavation is made for transverse cuts, equivalent to one and one-half inches in depth of asphalt concrete, provided that such work is approved by the Director;

(5) Made for a utility relocation required by the County to accommodate a proper governmental use of a highway; or

(6) That a person has the right to make under a franchise agreement without being charged a pavement cut cost recovery fee.

(c) All pavement cut cost recovery fees collected shall be paid into a special fund or funds to be expended solely for the maintenance of County highways.

(Ord. No. NS-703.9, 5-18-04)

Secs. B17-48--B17-67. Reserved.

ARTICLE 3.
OBSTRUCTIONS TO SIGHT OR PASSAGE

Sec. B17-68. To sight prohibited.

The existence upon the right-of-way or sidewalk of any public street, or upon any premises abutting thereon, of trees, shrubs, weeds or hedges which in any manner interfere with the unobstructed view from vehicles of safety signals and approaching traffic is hereby declared to be a public nuisance and prohibited as unlawful.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-69. List of obstructions.

The following shall be a nonexclusive list of obstructions which under this article are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks and of vehicles on the rights-of-way abutting thereon:

(a) A tree with limbs overhanging the public street or sidewalk, the lowest part of which is less than ten feet above said street or sidewalk.

(b) A tree standing upon property situated at an intersection of streets or rights-of-way at, on, or along the base line or within a triangle which shall have sides of 40 feet measured from the point of intersection of the curblines, or if there be no curblines, of the lines of rights-of-way, the limbs of which are less than ten feet from the ground surface of the premises.

(c) A hedge or shrub overhanging the street or sidewalk.

(d) A hedge or shrub or fence, sign or billboard standing on property or the right-of-way within the lines of a triangle which has sides 40 feet from the point of intersection of the curblines, or if there be no curblines, of the lines of rights-of-way, the overall height of which is more than three feet above the engineering crest of the streets bordering the property.

(e) Any hedge or shrub or limb of a tree which is so situated as to obscure and impair the unobstructed view of intersecting traffic by passing motorists or pedestrians or obscure and impair the view of street, traffic and other control devices and signs placed upon the streets for the safety of the public.

(Ord. No. NS-703.9, 5-18-04)

Sec. B17-70. Notice of existence of obstruction; duty to remove.

The Director, upon determining that one or more of the obstructions prohibited herein exist or that any other similar obstruction to the passage of vehicles or pedestrians at intersections exists on premises within the County shall give written notice to the owner, tenant or person having charge or control of the premises to remove therefrom the nuisance designated therein, and it shall be unlawful for the owner, tenant or person having charge or control of said premises to neglect or fail to remove therefrom said obstruction within five days after the service upon him of said notice.

(Ord. No. NS-703.9, 5-18-04)

Secs. B17-71--B17-91. Reserved.

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