State Codes and Statutes

Statutes > California > Shc > 1480-1496

STREETS AND HIGHWAYS CODE
SECTION 1480-1496



1480.  As used in this chapter:
   (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) 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.



1480.5.  The road commissioner may immediately remove, or by notice
may require the removal of, any of the following encroachments:
   (a) An encroachment which obstructs or prevents the use of a
county highway by the public.
   (b) An encroachment which consists of refuse.
   (c) An encroachment which is a traffic hazard.
   (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.



1481.  The road commissioner may, by notice, require the removal of
any other encroachment not specified in Section 1480.5 from any
county highway.


1482.  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.


1483.  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.



1484.  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.



1485.  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.



1486.  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.



1487.  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.



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) 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) 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.



1488.5.  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.



1489.  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.



1490.  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.



1491.  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.



1492.  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.



1492.5.  Survey monuments shall be preserved, referenced, or
replaced pursuant to Section 8771 of the Business and Professions
Code.


1493.  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.


1494.  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.




1495.  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.



1496.  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.


State Codes and Statutes

Statutes > California > Shc > 1480-1496

STREETS AND HIGHWAYS CODE
SECTION 1480-1496



1480.  As used in this chapter:
   (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) 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.



1480.5.  The road commissioner may immediately remove, or by notice
may require the removal of, any of the following encroachments:
   (a) An encroachment which obstructs or prevents the use of a
county highway by the public.
   (b) An encroachment which consists of refuse.
   (c) An encroachment which is a traffic hazard.
   (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.



1481.  The road commissioner may, by notice, require the removal of
any other encroachment not specified in Section 1480.5 from any
county highway.


1482.  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.


1483.  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.



1484.  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.



1485.  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.



1486.  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.



1487.  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.



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) 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) 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.



1488.5.  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.



1489.  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.



1490.  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.



1491.  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.



1492.  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.



1492.5.  Survey monuments shall be preserved, referenced, or
replaced pursuant to Section 8771 of the Business and Professions
Code.


1493.  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.


1494.  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.




1495.  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.



1496.  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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 1480-1496

STREETS AND HIGHWAYS CODE
SECTION 1480-1496



1480.  As used in this chapter:
   (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) 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.



1480.5.  The road commissioner may immediately remove, or by notice
may require the removal of, any of the following encroachments:
   (a) An encroachment which obstructs or prevents the use of a
county highway by the public.
   (b) An encroachment which consists of refuse.
   (c) An encroachment which is a traffic hazard.
   (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.



1481.  The road commissioner may, by notice, require the removal of
any other encroachment not specified in Section 1480.5 from any
county highway.


1482.  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.


1483.  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.



1484.  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.



1485.  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.



1486.  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.



1487.  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.



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) 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) 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.



1488.5.  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.



1489.  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.



1490.  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.



1491.  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.



1492.  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.



1492.5.  Survey monuments shall be preserved, referenced, or
replaced pursuant to Section 8771 of the Business and Professions
Code.


1493.  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.


1494.  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.




1495.  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.



1496.  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.