State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 720-734

STREETS AND HIGHWAYS CODE
SECTION 720-734



720.  If any encroachment exists in, under or over any State
highway, the department may require the removal of such encroachment
in the manner provided in this article.
   Except as otherwise provided in sections 680 and 721, notice shall
be given to the owner, occupant or person in possession of the
encroachment, or to any other person causing or suffering the
encroachment to exist, by serving upon any such person a notice
containing a demand for the immediate removal of such encroachment
from within such highway. Any such notice shall describe the
encroachment complained of with reasonable certainty as to its
character and location. In lieu of service upon such person, service
of such notice may also be made by registered mail and by posting,
for a period of five days, a copy of the notice on the encroachment
described in the notice. In the case of an owner, occupant or person
in possession, who is not present in the county, the notice may be
given to his agent in lieu of service by mailing and posting.



721.  The department may immediately remove from any State highway
any encroachment which:
   (a) Is not removed, or the removal of which is not commenced and
thereafter diligently prosecuted, prior to the expiration of five
days from and after the service of the notice.
   (b) Obstructs or prevents the use of such highway by the public.
   (c) Consists of refuse.
   (d) Is an advertising sign of any description, unless excepted by
subdivision (c) of section 670.


722.  The department may remove an encroachment on the failure of
the owner to comply with a notice or demand of the department under
the provisions of Section 673, Section 680, or Section 720, and shall
have an action to recover the expense of the removal, costs, and
expenses of suit and, in addition thereto, the sum of three hundred
fifty dollars ($350) for each day the encroachment remains after the
expiration of five days from the service of the notice or the demand.



723.  If the owner, occupant, or person in possession of the
encroachment, or person causing or suffering the encroachment to
exist, or the agent of any of them, disputes or denies the existence
of the encroachment, or refuses to remove or permit the removal of
the encroachment, the department, in the name of the people of the
State of California, may commence, in a court of competent
jurisdiction, an action to abate the encroachment as a public
nuisance. If judgment is recovered by the department, it may, in
addition to having the encroachment adjudged a nuisance and abated,
recover three hundred fifty dollars ($350) for each day the
encroachment remains after the service of the notice in the manner
provided in Section 720, and may also recover its costs and expenses
incurred in the action.



724.  Unless the encroachment is authorized under Article 2
(commencing with Section 670), any person owning, controlling, or
placing, or causing or suffering to exist, any encroachment within
any state highway after the service upon that person of the notice,
in the manner provided in Section 720, is, in addition to any civil
liability therefor, guilty of a misdemeanor.



725.  It is unlawful for any person to do any of the following acts:
   (a) Drain water, or permit water to be drained, from his lands
onto any State highway by any means which results in damage to the
highway.
   (b) Obstruct any natural water course so as to:
   (1) Prevent, impede or restrict the natural flow of waters from
any State highway into and through such water course, unless other
adequate and proper drainage is provided.
   (2) Cause waters to be impounded within any State highway, to the
damage of the highway.
   (3) Cause interference with, or damage or hazard to public travel.
   (c) Store or distribute water for any purpose so as to permit it
to overflow onto, to saturate by seepage, or to obstruct any State
highway, to the damage of the highway.



726.  When notice thereof is given by the department, in the manner
provided by section 720, to any person permitting or suffering such
damage to be done to any State highway, or permitting or suffering
any such condition to exist, such person shall immediately cease and
discontinue such diversion of waters or shall discontinue and prevent
such drainage, seepage, or overflow and shall repair the highway at
his own expense.



727.  If a person is thus notified, and fails, neglects, or refuses
to cease and discontinue the diversion, to discontinue and prevent
the drainage, seepage, or overflow of the waters, or to make the
repairs required by Section 726, the department may make the repairs
and may also perform work as is necessary to prevent the further
drainage, diversion, overflow, or seepage of the waters.
   The department, in the name of the people of the State of
California, may recover in an action at law, in a court of competent
jurisdiction, the amount expended for the repairs and work and, in
addition thereto, the sum of three hundred fifty dollars ($350) for
each day the drainage, diversion, overflow or seepage of waters is
permitted to continue after the service of the notice in the manner
required by Section 726, together with the costs and expenses
incurred in the action.


728.  Any person proposing or desiring to excavate or construct
ditches in, under or over any State highway, to carry water for any
purpose, shall construct, without expense to the State, such bridges,
culverts, pipes, siphons or crossings as are necessary adequately
and properly to carry such water in, under or over such State
highway.
   Any such construction shall be done in accordance with the permit
and pursuant to section 671, and shall be subject to the approval of
the department. The issuance of any such permit may be withheld until
the department finds that proper and adequate provision is made for
the protection of such State highway and for the safety of travel
thereon.


729.  Upon the neglect or refusal of any person to comply with the
provisions of section 728, the department may construct any such
crossing and may recover, in the name of the people of the State of
California, in an action at law in any court of competent
jurisdiction, the expense of such construction, together with the
costs and expenses incurred in any such action.



730.  Any person who by any means wilfully or negligently injures or
damages any State highway is liable for the repair thereof, and the
department, in the name of the people of the State of California, may
recover, in an action in any court of competent jurisdiction, the
amount expended for such repairs, together with the costs and
expenses incurred in any such action.
   Any person wilfully injuring any bridge, culvert or structure in
or on any State highway is guilty of a misdemeanor.




730.5.  Any person who by any means, without a permit issued by the
department, digs up, cuts down, destroys, prunes, trims, or otherwise
injures any tree or shrub on any state highway, rights-of-way, or
property shall be liable for a penalty in the sum of ten thousand
dollars ($10,000) for each tree so damaged and one thousand dollars
($1,000) for each shrub so damaged; and the department, in the name
of the people of the State of California, may recover the penalty in
an action at law, in a court of competent jurisdiction, together with
the costs and expenses, including attorney and expert fees, incurred
in the action and the actual costs incurred because of the damage to
any tree or shrub on state property.



731.  Any vehicle or structure parked or placed wholly or partly
within any state highway, for the purpose of selling the same or of
selling therefrom or therein any article, service or thing, is a
public nuisance and the department may immediately remove that
vehicle or structure from within any highway.
   Any person parking any vehicle or placing any structure wholly or
partly within any highway for the purpose of selling that vehicle or
structure, or of selling therefrom or therein any article or thing,
and any person selling, displaying for sale, or offering for sale any
article or thing either in or from that vehicle or structure so
parked or placed, and any person storing, servicing, repairing or
otherwise working upon any vehicle, other than upon a vehicle which
is temporarily disabled, is guilty of a misdemeanor.
   The California Highway Patrol and all peace officers from local
law enforcement agencies may enforce the provisions of this chapter
with respect to highways under their respective jurisdiction and
shall cooperate with the department to that end. Whenever any member
of the California Highway Patrol or any peace officer from a local
law enforcement agency removes a vehicle from a highway under the
provisions of this section, then all of the provisions of Article 3
(commencing with Section 22850), Chapter 10, Division 11 of the
Vehicle Code with reference to the removal of a vehicle from a
highway shall be applicable.
   This section does not prohibit a seller from taking orders or
delivering any commodity from a vehicle on that part of any state
highway immediately adjacent to the premises of the purchaser;
prohibit an owner or operator of a vehicle, or a mechanic, from
servicing, repairing or otherwise working upon any vehicle which is
temporarily disabled in a manner and to an extent that it is
impossible to avoid stopping that vehicle within the highway; or
prohibit coin-operated public telephones and related telephone
structures in park and ride lots, vista points, and truck inspection
facilities within state highway rights-of-way for use by the general
public.


731.5.  Section 731 does not apply to a coin-activated or credit
card-activated telephone available for public use shared and
maintained within any bus passenger shelter lawfully erected upon any
state highway other than a freeway or expressway if the person
placing the telephone has obtained a permit from the department
pursuant to Section 670.



732.  Any person who wilfully injures, defaces, breaks down or
removes any monument or stake placed, erected or used by the
department to designate any point in the boundary or survey of any
State highway or proposed State highway is guilty of a misdemeanor.




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



733.  All money recovered under the provisions of this chapter shall
be paid into any fund which is available to the department for
highway purposes and is designated by the department to receive such
payment.


734.  The procedure provided in this article is not exclusive and
shall not prohibit the department from exercising any other remedy
provided by law to prevent damage to or to protect any State highway.