(a) 
The term "Road Commissioner,"
as used in this Article, means the Director of Transportation of the County of Tulare.
(b) 
The term "person,"
as used in this Article, includes any individual, firm, co-partnership, joint adventure, association, corporation, company, railroad entity, estate, trust, the State of California, incorporated cities, all public districts and other political subdivisions of the State of California except the County of Tulare, and any group or combination acting as a unit.
(c) 
The term "Public Agency,"
as used in this Article, includes the United States and any department or agency thereof, the State of California and any department or agency thereof, incorporated cities, and all public districts and other political subdivisions of the State of California except the County of Tulare.
(Amended by Ord. No. 3376, effective 01-05-09)
It shall be unlawful for any person to dig up, plow, remove or break the earth, soil, stone, pavement or other surface of, or otherwise injure any highway, or to make, or cause to be made, any excavation, or to construct, place upon, maintain or leave any material or any obstruction or impediment to travel in or upon a highway, or to install or maintain, or cause to be installed or maintained any tank, pipe, conduit, duct, tunnel, curb, gutter, sidewalk, driveway, roadway surface, storm drain, culvert or any other structure or installation of any nature across, upon, in or under any highway in the County unless a permit is first obtained pursuant to the provisions of this Article.
(a) 
Unless otherwise provided by contract made between the railroad and the County, it shall be the duty of all railroad companies or entities owning or operating and maintaining a railroad passing through the County to place, keep or maintain crossings, and all places within their right-of-way where the public streets or alleys of the County intersect and cross any of the railroad tracks, in a suitable and safe condition for public travel over and across the same.
(b) 
If the railroad facilities are at any time abandoned and removed, it shall be the duty of the railroad company or entity owning or operating and maintaining the crossing to remove the rails through the crossing at the same time as the remainder of the rails are removed and to reconstruct the crossing in the same manner as the remaining portions of the County highway or alley are paved or in such other manner and with such other materials as shall be required by the County’s Road Improvement Standards and in a suitable and safe condition for public travel. The term “crossing,” as used in this Chapter, shall include viaducts and roadways under or over the tracks of any rail-road.
(c) 
If any railroad crossing shall be at any time in bad condition or unsafe or inconvenient for public travel, the Board of Supervisors, upon recommendation of the Road Commissioner, may, by ordinance, resolution or motion call upon the proper railroad company to repair or replace the crossing and render the same safe and convenient for public travel. Unless otherwise ordered by the Board of Supervisors, all railroad crossing replacements shall be made with steel rails or steel plates. A copy of every such ordinance, resolution or motion shall be served upon the local agent of the railroad company whose duty it is to maintain such crossing; and for a failure or refusal to comply with such resolution within thirty days after the service thereof, as aforesaid, such railroad company shall be deemed guilty of a misdemeanor.
(d) 
Whenever any highway or alley upon, along or through which any railroad track is laid, shall be ordered paved by the Board of Supervisors, it shall be the duty of the railroad entity owning or operating such railroad track to pave all that portion of the street or alley, including in the space between the rails of its track or tracks, and for one foot on the outer edge of the rails, in the same manner as the remaining portions thereof are paved or in such other manner and with such other materials as shall be required by the County’s Road Improvement Standards. In the case of any default on the part of such company to comply with this requirement, the Board of Supervisors may cause such railroad track or tracks to be taken up, and pavement to be laid pursuant to the County’s Road Improvement Standards, and every such railroad company shall be liable to the County of the cost and expense of paving such portion of the highway or alley, together with lawful interest thereon from the completion of the work.
(Added by Ord. No. 3376, effective 01-05-09)
(a) 
Prohibition. Excavation in newly renovated County streets is prohibited for five (5) years after filing of a notice of completion or acceptance of a new street, structural overlay of any portion of a street or a maintenance activity undertaken by County forces.
(b) 
Exceptions. The prohibition does not apply under the following circumstances:
(1) 
Pavement maintenance activities consisting of asphalt rejuvenating treatment, fog seal or black seal or equivalents.
(2) 
Emergency which endangers life or property.
(3) 
Relocation work that is mandated by County, State or Federal agency.
(4) 
Service to buildings where no other reasonable means of providing service exists, as determined by the Transportation Director.
(5) 
Other situations deemed by the Transportation Director to be in the best interest of the general public.
(Added by Ord. No. 3381, effective 03-12-09)
(a) 
The provisions of this Article are not applicable to the installation of a mailbox. However, mail-boxes shall be installed in accordance with the rules and regulations of the United States Post Office Department and shall not be placed within a highway so as to endanger the safety of the persons using the highway. If the Road Commissioner determines that a mailbox has not been installed in compliance with this subsection, he shall require the removal of said mailbox in accordance with the procedure set forth in Chapter 6 (commencing with section 1480) of Division 2 of the Streets and Highways Code of the State of California or any other applicable statute or ordinance.
(b) 
The provisions of this Article are not applicable to any Public Agency which has the right under the laws of the State of California to perform work covered by the provisions of this Article without following the procedure prescribed herein.
(c) 
The provisions of this Article are not applicable to persons who perform work for the County pursuant to a contract with the County, or to persons who perform work for the County on County highways pursuant to a contract awarded by the State for a Federally aided project.
(d) 
Nothing in this Article shall prohibit a person from making an excavation in a highway which is necessary for the preservation of life or property when such necessity arises during the hours that the office of the Road Commissioner is closed, if the person making such excavation files an application for the required permit on the first day that the office of the Road Commissioner is open subsequent to the making of such excavation.
(Amended by Ord. No. 3381, effective 03-12-09)
Application for a permit required by this Article shall be made on a form prescribed by the Road Commissioner. The application shall be signed by the applicant, and by the contractor if the proposed work is to be done by a contractor, and shall include the following information:
(a) 
The name and address of the applicant.
(b) 
The name and address of the contractor if the proposed work is to be done by a contractor.
(c) 
The location, purpose, extent and nature of the proposed work.
(d) 
The period of time when the proposed work will be performed.
(e) 
The materials to be used in performing the work.
(f) 
Such other information, including plats, plans and specifications, as the Road Commissioner may require.
The Board of Supervisors may, by resolution, from time to time set fees to be charged for the issuance of permits under this Article, and the time and method of payment thereof. Such fees shall be referred to as "Encroachment Permit Fees".
Each applicant for a permit shall agree to hold the County and its officers, agents and employees harmless from any and all causes of action, penalties, liabilities or loss resulting from claims or court actions arising out of any accidents, loss or damage to persons or property occurring as a result of any work performed pursuant to the permit.
Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at his own expense, a policy of comprehensive general liability insurance. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for collapse and underground hazards. If the work to be performed involves the use of explosives, the policy shall also include an endorsement that affords coverage for explosion hazards. Said policy shall name the County and its officers, employees and agents as co insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work authorized by the permit and the manner of its installation or construction. Said insurance shall be in effect on the date that the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed. A certificate of said insurance shall be filed with the Road Commissioner.
The applicant or contractor shall furnish the liability insurance coverage required under Section 3-07-1195 of this Article in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limit coverage. The Board of Supervisors may, by resolution, increase, decrease, or waive the insurance limits set forth above in those cases in which the Board of Supervisors determines that special circumstances justify such an increase, decrease, or waiver.
Before a permit is granted by the Road Commissioner which authorizes excavation, trenching or removal of the surface of a highway, a bond shall be filed with the Road Commissioner in a form approved by the Road Commissioner, by the applicant or by the contractor who will perform the work. Said bond shall be a surety bond and shall be issued by a corporation duly and legally licensed to transact business in the State of California. Said bond shall guarantee the performance of the work authorized by the permit in accordance with all of the provisions of the application, the permit and this Article and shall indemnify the County against faulty or improper workmanship or materials that may be discovered during the performance of the work and for the term of one (1) year after the completion of the work. If an applicant, or the contractor performing the work, intends to perform more than one (1) project requiring a permit under this Article, said bond may be written so as to apply to more then one (1) permit and it shall indemnify the County against faulty or improper workmanship or materials that may be discovered during the period of one (1) year after the completion of the work authorized by each permit.
The Road Commissioner shall fix the amount of said bond based on his estimate of the actual cost to the County to complete the work and repair the highway in accordance with the terms and conditions of the permit if the permittee fails to do so; provided, however, that the Road Commissioner shall not fix an amount less than One Thousand Dollars ($1,000) nor more than Twenty-Five Thousand Dollars ($25,000) for each permit.
If the applicant for a permit complies with all of the provisions of this Article and with all other applicable laws and ordinances of the State of California and the County of Tulare, the Road Commissioner may issue the permit to the applicant. The permit granted by the Road Commissioner shall refer to this Article and shall be granted subject to all of the terms and conditions which are set forth in this Article.
When the Road Commissioner grants a permit pursuant to this Article, he may impose thereon such terms and conditions concerning the location, dimension or character of the work as he may deem necessary for the protection of the highway, the prevention of undue interference with traffic, and to assure the safety of persons using the highway.
Whenever curbs and gutters are being installed in connection with a permit, or any other work being done on the surface of the highway which makes it desirable that the highway be expanded to its full ultimate width, the Road Commissioner may require a dedication of additional right of way by the applicant to the ultimate right of way width for the road as specified in the improvement standards referred to in section 7-01-2025 of this Ordinance Code.
If the applicant does not comply with all of the requirements of this Article and with all other applicable laws and ordinances of the State of California and the County of Tulare, the Road Commissioner shall deny the application for the permit. In any case in which the Road Commissioner determines that unusual circumstances make it advisable for the Board of Supervisors to act on the application for a permit, he may refuse to grant the permit and submit the application to the Board of Supervisors for action.
If the Road Commissioner denies an application for a permit or issues a permit subject to conditions, which the applicant believes to be unreasonable, the applicant may appeal to the Board of Supervisors for issuance of the permit. The Board of Supervisors shall thereafter determine whether the permit shall be issued to the applicant and the terms and conditions under which it shall be issued, and the decision of the Board of Supervisors shall be final.
Nothing in this Article shall be deemed to make it mandatory for the Road Commissioner or the Board of Supervisors to issue said permit and, upon an appeal to the Board of Supervisors, the decision whether the permit will be issued, and the terms and conditions on which it is issued, rest solely in the discretion of said Board, and said permit may be denied without cause.
Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
Issuance of a permit pursuant to this Article does not imply or guarantee in any way that the County owns fee title to the real property on which the work is to be done or that the County has sufficient title to the real property on which the highway is constructed to grant the permittee the right to do work under the surface of the highway. It shall be the sole responsibility of the permittee to secure such consent as may be necessary from the owner of the fee title of the property on which the highway is located after he has received the permit.
A permit shall only authorize work to be performed on highways over which the County has jurisdiction and any permit issued shall be null and void to the extent that it purports to authorize the performance of work on any highway, or portion thereof, over which the County does not have jurisdiction.
The permit shall be kept at the site of the work and shall be shown, on demand, to all authorized representatives of the County and to all peace officers.
A permit issued pursuant to the provisions of this Article shall not be assigned or transferred by the permittee to any other person and any permit, which is assigned or transferred by the permittee, shall automatically become null and void.
The Road Commissioner may revoke the permit unless the work authorized therein is commenced within sixty (60) days after the date of issuance of the permit, and is thereafter diligently prosecuted to completion in the opinion of the Road Commissioner. The Road Commissioner may revoke a permit pursuant to this section by sending written notice of such revocation to the permittee by ordinary mail at the address shown on the application for the permit, or by personal delivery of such written notice to the permittee.
Immediately prior to the commencement of the work authorized by a permit, the permittee shall notify the Road Commissioner by telephone or in person of the time when such work will be actually commenced.
At any time prior to the completion of the work authorized by a permit, the Road Commissioner may prescribe such additional conditions as he may deem necessary for the protection of the highway, for the prevention of undue interference with traffic, or to assure the safety of persons using the highway.
All pipes and conduits, which are laid parallel to a highway pursuant to a permit, shall be placed at least five (5) feet from the edge of the pavement or the graded traveled roadway unless otherwise expressly authorized in writing by the Road Commissioner. At least twenty-four (24) inches of dirt, sand or gravel shall be placed over all pipes or conduits installed under a highway unless otherwise specified in the permit and said minimum cover shall be measured from the surface of the highway, existing or planned. The Road Commissioner may permit the installation of pipes or conduits less than twenty four (24) inches from the surface of the highway if twenty four (24) inches of cover cannot be provided because of topography, existing structures or other engineering necessities. All pipes, conduits and culverts which cross a highway shall intersect both sides of the right of way owned by the County.
The permittee shall take all precautions necessary to protect the safety of the traveling public. Barricades, lights, warning signs and flagmen shall be provided and maintained by the permittee when necessary, at his own expense, until the excavation is refilled, the obstruction removed, and the highway is safe for the use of the traveling public. The Road Commissioner may specify in the permit the safety devices and measures to be used by the permittee. The failure of the Road Commissioner to specify the safety devices or measures to be provided by the permittee shall not relieve the permittee of his obligation to furnish all safety devices and measures which are necessary. Warning signs, lights and devices shall conform to the requirements of section 21406 of the Vehicle Code of the State of California. If the Road Commissioner finds, at any time, that suitable safeguards are not being provided by the permittee, the Road Commissioner may provide and maintain such safeguards as he deems necessary or he may cancel the permit and restore the highway to its former condition, all at the expense of the permittee.
The Road Commissioner shall not issue a permit to remove a tree from a highway unless he determines that there is a good and sufficient reason for the removal of such tree. When a tree is removed pursuant to a permit, the entire stump shall be taken out for a distance of at least two (2) feet below the ground surface unless otherwise specified in the permit and the hole shall be backfilled and tamped. All resulting debris shall be removed from the site and the highway shall be restored to its former condition.
It shall be unlawful for any person to remove or disturb, or cause to be removed or disturbed, any monument of granite, concrete, iron or other material which has been set for the purpose of locating or preserving the lines or elevations of a highway, property subdivision, or a precise survey point or reference point, without first obtaining the consent of the Road Commissioner and the County Surveyor to do so. The permittee shall, at his own expense, replace any monument which has been disturbed or removed without the consent of the Road Commissioner and the County Surveyor.
Immediately upon completion of the work authorized by the permit, the permittee shall refill the excavation or remove the obstruction in a good and workmanlike manner. All excavations shall be refilled in a manner to insure against settlement. Saturated or unsuitable materials shall be removed from the excavation and the excavation shall be backfilled with suitable materials and thoroughly tamped. If a treated or modified subgrade of a highway has been removed and destroyed as a result of the excavation, the permittee shall replace the subgrade to a thickness of not less than that of the adjacent subgrade. Crushed rock may be used to replace modified subgrade. If a treated or modified road surface has been removed and destroyed as a result of the excavation, the permittee shall replace the road surface to a thickness and width not less than that of the original surface and he shall use the same type of material as the original surface. All work performed pursuant to this section shall be performed to the satisfaction of the Road Commissioner. If the permittee fails or refuses to repair and restore the highway to the satisfaction of the Road Commissioner within a reasonable time, the Road Commissioner shall cause the damaged portion of the highway to be repaired and restored and the permittee shall reimburse the County for the full cost of such work. If at any time subsequent to the first repair of the surface of a highway it becomes necessary to again repair the surface due to settlement or any other cause directly attributed to such excavation or construction, the Road Commissioner shall cause such repairs to be made and the permittee shall reimburse the County for the full cost of such additional repairs.
Upon the completion of the work authorized by the permit, the permittee shall file with the Road Commissioner a notice of completion of the work on a form prescribed by the Road Commissioner.
It shall be unlawful for a permittee to make, or cause to be made, any excavation or construction, or to place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or to install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, tunnel, curb, gutter, sidewalk or other structure, in, upon or under the surface of any highway at any location or in any manner other than as set forth in the application for the permit and as set forth in the permit and this Article.
Performance of any of the duties and obligations imposed upon a permittee by the permit or this Article by an agent, employee or independent contractor employed by the permittee shall be deemed to constitute performance of such duties and obligations by the permittee.
If any tank, pipe, conduit, duct, tunnel or other structure or installation of any nature or kind which has been constructed or installed in a highway pursuant to a permit, shall at any time after completion of the construction or installation interfere with the use, repair, improvement, widening or change of grade of the highway, the permittee, his successors and assigns, within ten (10) days after receipt of a written notice from the Road Commissioner to do so, shall at his own expense either remove such structure or installation or, subject to the approval of the Road Commissioner, relocate it at another site designated by the Road Commissioner.
The applicant for a permit shall agree that the County shall not be held responsible for any damage to any structure or installation which is not clearly and visibly marked, by the construction, reconstruction, maintenance or repair or by use of overweight equipment on the highway. The permittee, his successors and assigns, upon being notified of such damage by the Road Commissioner shall immediately repair, remove or relocate the damaged structure or installation.