This law explains the definitions for the terms 'highway' and 'encroachment' as used in this chapter. A 'highway' refers to the full width of a county highway's right of way, regardless of whether the entire area is used for highway purposes. 'Encroachment' describes any unauthorized structure or object placed on, above, or below a county highway.
As used in this chapter:
(a)CA Streets and Highways Code § 1480(a) The term “highway” includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes.
(b)CA Streets and Highways Code § 1480(b) The term “encroachment” includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any county highway.
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(Enacted by Stats. 1935, Ch. 29.)
This law allows the road commissioner to immediately remove or require the removal of anything blocking or dangerous on a county highway. This includes trash, traffic hazards, or unauthorized advertising signs. If advertising signs are removed, the owner might be able to get them back if they pay the removal costs and if the commissioner can identify and notify the owner for retrieval. The road commissioner can also take legal action to recover costs and damages from the person responsible for the obstruction.
The road commissioner may immediately remove, or by notice may require the removal of, any of the following encroachments:
(a)CA Streets and Highways Code § 1480.5(a) An encroachment which obstructs or prevents the use of a county highway by the public.
(b)CA Streets and Highways Code § 1480.5(b) An encroachment which consists of refuse.
(c)CA Streets and Highways Code § 1480.5(c) An encroachment which is a traffic hazard.
(d)CA Streets and Highways Code § 1480.5(d) An encroachment which is an advertising sign or device of any description, unless excepted by subdivision (c) of Section 1460. The road commissioner may return such sign or device to its owner, or otherwise dispose of it in his discretion, except that if the commissioner determines in good faith that the sign or other device is of more than nominal value he shall not effect such other disposition until he has made a reasonable attempt to identify and notify the owner of the sign or device and provided a reasonable time for the owner to retrieve it under provisions of this section. The return of such sign or device to its owner may be conditioned upon payment of an amount sufficient to reimburse the road commissioner for the expense of removal.
The road commissioner may recover from the person causing any of the above encroachments, in an action brought in the name of the county for that purpose, the court costs of the road commissioner, the expense of such removal, and any other damages caused by the encroachment.
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(Amended by Stats. 1975, Ch. 159.)
This law gives the road commissioner the authority to demand the removal of any unauthorized structures or objects on a county highway that aren't already covered in another specific law (Section 1480.5).
The road commissioner may, by notice, require the removal of any other encroachment not specified in Section 1480.5 from any county highway.
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(Amended by Stats. 1971, Ch. 439.)
This law section describes how notice should be given to remove an encroachment (something unlawfully built or placed) on a highway. It explains that the notice must be delivered to the person living at the encroachment site or the owner, and must detail the highway's boundaries and the encroachment's specifics. If they do not live in the county or are unknown, the notice should be posted on the encroachment itself. The law requires the encroachment to be removed within 10 days of the notice.
The notice referred to in Sections 1480.5 and 1481 shall be served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence of such occupant, owner or person if he resides in the county and is known to the person giving such notice. If the person upon whom notice is to be served does not reside in the county, the notice shall be posted on the encroachment. The notice shall specify the breadth of the highway, the place and extent of the encroachment, and shall require the removal of such encroachment within 10 days.
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(Amended by Stats. 1971, Ch. 439.)
If an illegal structure or object is blocking a road and it's not removed within 10 days after a notice is given, the person responsible must pay $350 for each day it remains. If the blockage completely stops vehicles from using the road, the road commissioner will remove it right away.
If the encroachment is not removed, or its removal not commenced and diligently prosecuted, prior to the expiration of 10 days from and after the service or posting of the notice, the person causing, owning, or controlling the encroachment forfeits three hundred fifty dollars ($350) for each day the encroachment continues unremoved. The road commissioner shall immediately remove an encroachment that effectually obstructs and prevents the use of the highway by vehicles.
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(Amended by Stats. 2003, Ch. 182, Sec. 4. Effective January 1, 2004.)
If someone has built something on land they shouldn't have, and they won't remove it, the local road commissioner can take them to court to get it removed. This is treated like a public annoyance or nuisance. If the commissioner wins the case, they can also charge the person a daily fine of $350 until the problem is fixed, and have them cover court costs.
If the encroachment is denied, and the owner or occupant of the land, or the person causing, owning or controlling the alleged encroachment refuses either to remove it or permit its removal, the road commissioner shall commence, in a court of competent jurisdiction, an action in the name of the county to abate the encroachment as a nuisance. If the commissioner recovers judgment he or she may, in addition to having the nuisance abated, recover a penalty of three hundred fifty dollars ($350) for each day the nuisance remains after service or posting of notice, and also the costs in the action, as provided in Section 1496.
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(Amended by Stats. 2003, Ch. 182, Sec. 5. Effective January 1, 2004.)
If something is unlawfully blocking a public road and isn't taken away within five days of being notified, the road commissioner can remove it and charge the person responsible for the costs. Additionally, the commissioner can sue to recover these costs and charge a daily penalty of $350 for each day the blockage remains after the notice.
If the encroachment is not denied, but is not removed within five days from and after service or posting of the notice, the road commissioner may remove the encroachment at the expense of the owner or occupant of the land, or the person causing, owning or controlling the encroachment. The commissioner may recover from the owner, occupant, or person, in an action brought in the name of the county for that purpose, the commissioner’s court costs and the expense of removal and also a penalty of three hundred fifty dollars ($350) for each day the encroachment remained after service or posting of the notice, as provided in Section 1496.
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(Amended by Stats. 2003, Ch. 182, Sec. 6. Effective January 1, 2004.)
In California, gates can't be placed on county highways unless the county board of supervisors approves them according to certain rules. If the costs for these gates aren't covered as required, the gates must be taken down because they're seen as obstacles.
Also, if someone leaves a gate open or rides over nearby land without reason and causes damage, they will have to pay three times the amount of the damage they caused.
Gates shall not be allowed on any county highway except gates allowed by the board of supervisors in accordance with the provisions of section 966. If the expense of the erection and maintenance of such allowed gates is not paid as required by section 966, such gates shall be removed as an obstruction.
Any person who leaves any such gate open, or who wilfully and unnecessarily rides over ground adjoining the highway on which the gate is erected, shall be liable to the injured party for treble damages.
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(Enacted by Stats. 1935, Ch. 29.)
If someone builds ditches or dams that block or damage a county highway, or causes water to run onto it, they must stop and fix the damage right away if the road commissioner tells them to. They have to pay a $350 fine for each day the problem continues and might face misdemeanor charges.
A person who, by means of ditches or dams, obstructs or injures any county highway, diverts any watercourse into any county highway, or drains water from his or her land upon any county highway, to the injury of the highway, shall, upon notice by the road commissioner, immediately cease and discontinue the obstruction and injury, and shall repair the highway at his or her own expense. He or she is liable to a penalty of three hundred fifty dollars ($350) for each day the obstruction or injury remains, recoverable as provided in Section 1496, and is also guilty of a misdemeanor.
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(Amended by Stats. 2003, Ch. 182, Sec. 7. Effective January 1, 2004.)
If someone allows water to overflow or seep onto a county highway, causing damage, they must stop the overflow and fix the damage immediately when notified by the road commissioner. If they don't make repairs quickly, the road commissioner can fix the damage and charge them for it. Additionally, there's a $350 penalty for each day the problem continues.
(a)CA Streets and Highways Code § 1488(a) A person who, in storing or distributing water for any purpose, permits water to overflow or by seepage to saturate a county highway, to the injury of the highway, shall, upon notice by the road commissioner, immediately cease the overflow or seepage and repair the injury caused by the overflow or seepage.
(b)CA Streets and Highways Code § 1488(b) The person permitting the overflow or seepage is liable to a penalty of three hundred fifty dollars ($350) for each day the overflow or seepage continues, recoverable as provided in Section 1496.
(c)CA Streets and Highways Code § 1488(c) If the repair required by subdivision (a) is not made by the person within a reasonable time, as determined by the road commissioner, the road commissioner may make those repairs and recover the expense of the repairs from the person in an action at law brought in the name of the county.
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(Amended by Stats. 2003, Ch. 182, Sec. 8. Effective January 1, 2004.)
This section explains that a specific type of notice, mentioned in earlier sections, must be delivered following the method detailed in Section 1482. However, unlike the usual procedures, the required action must be executed immediately upon receipt of this notice.
The notice referred to in Sections 1487 and 1488 shall be given in the same manner as provided in Section 1482, except that the action it requires shall be taken immediately.
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(Added by Stats. 2003, Ch. 182, Sec. 9. Effective January 1, 2004.)
If you're digging ditches for irrigation, mining, or drainage that cross county roads, you have to build a bridge over each ditch where it crosses the road. If you don't, the road commissioner will build the bridges and then sue you to get back the cost.
Unless a bridge is constructed in accordance with Section 1490, all persons excavating irrigation, mining or drainage ditches across county highways shall construct bridges across such ditches wherever such ditches cross such highways. If such persons fail to construct such bridges, the road commissioner shall construct them and shall recover from such persons, in an action at law brought in the name of the county, the expense of such construction.
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(Amended by Stats. 1957, Ch. 413.)
If a county in California has roads that are crossed by ditches used only for irrigation, the county's board of supervisors can build and look after bridges over these ditches. If the ditch owners agree, the county can even consider the bridges as public property, and the county will pay to maintain and fix them.
The board of supervisors of any county may construct and maintain bridges over any ditches which are used exclusively for irrigation purposes and which cross county highways in the county. Such board may, with the consent of the owners of such ditches, declare any of such bridges to be public property, and may then maintain and repair such bridges at the expense of the county.
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(Enacted by Stats. 1935, Ch. 29.)
If someone intentionally damages a county bridge, they're committing a misdemeanor. They also have to pay for the actual damages caused, and the county can take them to civil court to recover these costs.
Any person who wilfully injures any county bridge is guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the county in a civil action.
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(Enacted by Stats. 1935, Ch. 29.)
If someone intentionally damages or removes any signpost or the writing on it along a county highway, they have to pay a ten-dollar fine for each incident, as outlined in another section (1496), and can also be charged with a misdemeanor, which means they might face criminal penalties as well.
Any person who wilfully removes or injures any mile-board, milestone or guide-post, or any inscription thereon, erected on any county highway, is liable for a penalty of ten dollars, recoverable as provided in section 1496, for every such offense, and is also guilty of a misdemeanor.
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(Enacted by Stats. 1935, Ch. 29.)
This law requires that survey markers, which are important for identifying property boundaries, must be maintained, documented, or replaced following specific guidelines in another set of rules.
Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code.
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(Added by Stats. 1994, Ch. 458, Sec. 11. Effective January 1, 1995.)
If a tree or obstruction falls onto a county highway from someone's property, anyone can notify the property owner or occupant to remove it immediately. If it isn't removed, the owner or occupant must pay for the removal costs and a $1 penalty for each day it's not cleared. These costs and penalties can be claimed as specified in another section, 1496.
Any person may notify the occupant or owner of any land, from which a tree or other obstruction has fallen upon any county highway, to remove such tree or obstruction forthwith. If it is not thus removed, the owner or occupant is liable for the expense of removal and for a penalty of one dollar for every day after such notification that such tree or obstruction is not removed. The penalty and the expense of removal are recoverable as provided in section 1496.
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(Enacted by Stats. 1935, Ch. 29.)
If someone cuts down a tree and it falls onto a county highway, they must remove it right away. If they don't, they have to pay a $10 fine for each day the tree stays on the road.
Any person who cuts down a tree which falls into any county highway shall immediately remove the tree, and is liable for a penalty of ten dollars, recoverable as provided in section 1496, for every day such tree remains in the highway.
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(Enacted by Stats. 1935, Ch. 29.)
If someone deliberately damages or destroys a shade or decorative tree on a county highway, they can be fined $100 per tree. However, if the tree is a hazard and the road commissioner authorizes its removal, this penalty doesn't apply.
Any person who maliciously digs up, cuts down, injures or destroys any shade or ornamental tree on any county highway, unless such tree is considered an obstruction by the road commissioner and is removed under his direction, is liable to a penalty of one hundred dollars, recoverable as provided in section 1496, for each such tree.
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(Enacted by Stats. 1935, Ch. 29.)
This law instructs the road commissioner to collect any fines or penalties related to road management, unless another method for collecting them is already specified. The road commissioner must file these claims in the county's name and then deposit the recovered funds into the road fund. This process applies to specific sections and any other similar provisions in the chapter.
The road commissioner shall recover all penalties or forfeitures given in this chapter and the recovery of which is not otherwise provided for, by suit in the name of the county. He shall pay such recoveries into the road fund.
The provisions of this section are applicable to Sections 1484, 1485, 1487, 1492, 1493, 1494, and 1495, and to any other provision in this chapter imposing penalties or forfeitures.
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(Amended by Stats. 1961, Ch. 801.)
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