County HighwaysObstructions and Injuries to County Highways
Section § 1480
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.
Section § 1480.5
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.
Section § 1481
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).
Section § 1482
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.
Section § 1483
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.
Section § 1484
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.
Section § 1485
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.
Section § 1486
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.
Section § 1487
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.
Section § 1488
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.
Section § 1488.5
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.
Section § 1489
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.
Section § 1490
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.
Section § 1491
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.
Section § 1492
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.
Section § 1492.5
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.
Section § 1493
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.
Section § 1494
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.
Section § 1495
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.
Section § 1496
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.