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Ordinance No.
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING SECTIONS 10-87,1.0-88,10-92 AND 10-94 OF ARTICLE VI,
ENTITLED "ROAD ENCROACHMENTS," OF CHAPTER 10,
ENTITLED "HIGHWAYS AND STREETS," OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
SECTION 1. Section 10-87 of the Butte County Code is amended to read as follows:
1.0-87 Fees.
The fee amount for encroachment permits, plan checking and inspection fees is set forth
in the Butte County Master Fee Schedule.
a. No encroachment permit shall be issued until the permit fee set forth in the Butte
County Master Fee Schedule has been paid.
b. Public Utility Companies:
1. In addition to the encroachment permit fee set forth in the Butte County
Master Fee Schedule, the permittee may be required to pay the actual
County costs of providing inspection for and other work related to tree
removal and the placement of underground facilities, including, but not
limited to, water lines, sewers, telephone lines, power lines, gas lines,
electrical transmission lines, communication lines, pipelines and cables
that are placed within the right-of--way limits of the County roads. The
cost of inspection and other related work shall be chargeable to the owner
of the utility.
2. When actual casts far inspection and other related work, including County
costs to remove wood or other debris remaining after tree removal, are
Ord. Amending Arf UI, CH 10
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required to be paid, the permittee shall deposit a minimum; of three
hundred dollars ($300.00} with the Director of Public Works against
which the County's actual cost will be charged.
3. Upon completion of the work, if the County's cost is less than the amount
of the deposit, the County shall either refund any amount remaining from
the deposit after the Caunty's cost has been deducted ar apply the amount
remaining to a future permit. If the County's cast exceeds the amount of
the deposit, the permittee shall pay an additional amount to fully
compensate the County for its cost.
4. Public Agencies, special districts (as defined by Government Code Section
16271 (d)) providing public utility services, or any person doing business
as a public utility subject to the jurisdiction of the Public Utilities
Commission of the State, may upon request and at the discretion of the
Director of Public Works be invoiced (billed} far the above referenced
fees and charges.
c. If any portion of an encroachment has been made prior to issuance of a valid
encroachment permit, the permit fee shall be two {2) times that established by the
Butte County Master lee Schedule, except as provided in Section 10-91.
d. No notice of an appeal to the Board of Supervisors pursued under Section 10-94
of this chapter shall be accepted until an appeal fee in the amount set forth in the
Butte County Master Fee Schedule has been paid to the Clerk of the Board.
e. All such fees paid to the Director of Public Works shall be paid into the County
Road fund. A receipt shall be given for each fee paid. The receipts shall be made
in triplicate upon consecutively press numbered forms supplied by the County
Auditor and a copy of each receipt issued or voided shall be delivered to the
Ord. Amending Art V!, CH 10
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County Auditor at the time the funds represented thereby are deposited in the
County treasury. No alterations or erasures shall be permitted and when an error is
made, the receipt shall be voided by printing "void" across its face, and a new
receipt issued. The other copies of the receipts shall remain attached to their
binding and kept in the County Director of Public Works Department, subject to
inspection at any time by the County Auditor.
SECTION 2. Section 10-88 of the Butte County Code is amended to read as follows:
~ 10-SS Deposit.
The Director of Public Works may require a cash deposit or bond to guarantee
completion of construction anticipated in an encroachment permit application.
a. A cash deposit or bond will not be required of any public agency or public utility
having lawful authority to occupy the highways unless the applicant has failed to
comply, as determined by the Director of Public Works, with the provisions of
this chapter or with the provisions of any previous permit issued by the Director
of Public Works.
b. Tf a driveway encroachment is not able to be completed, as required for a
certificate of occupancy, due to seasonal adverse weather ar soil condition, the
Director of Public Works may accept a cash deposit or other security in a form
approved by the County Counsels office of one thousand dollars ($1,000.00} as a
guarantee that the encroachment shall be completed within a period not to exceed
six {6} months from the deposit of the bond. if the encroachment is not completec
within the time limit, the County may let a contract to complete that portion of the
work required within the County road right-of--way. Any funds remaining after
deducting an amount sufficient to cover actual County costs and the payment to
the contractor, if applicable, will be refunded to permittee.
Ord. Amending Art VI, CN 1 D
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j SECTYON 3. Section 10-92 of the, Butte County Code is amended to read as follows:
Section 10-92 Annual permit for public utilities.
Any special district (as defined by Government Code Section 16271 (d)} providing publi
utility services, or any person doing business as a public utility subject to the jurisdiction of the
Public Utilities Commission of the State, may obtain a permit from the Director, valid for one {1
year from the date of issuance, permitting the following:
a. Trim, brace, or perform such other acts with respect to trees, except removal,
growing upon the public highways within the uzuncorporated areas of the County,
or which grow upon private property, to the extent that such trees encroach upon
the public highways, as maybe necessary to maintain the safe operation of its
business.
b. Conduct emergency repairs;
c. Install an individual service line outside of pavement;
d. Patch paving asphalt concrete pavement, as may be necessary to comply with the
safety regulations of the Commission and as may be necessary to maintain the
safe operation of its business.
e. Annual permits shall not be issued for any activity which disturbs the surface or
subsurface of any county highway, except solely to patch paving asphalt concrete
pavement; nor for excavation, tree removal, root cutting, tree destruction, nor for
any activity other than planting, pruning, or bracing trees, or patching paving
asphalt concrete pavement. Activities other than planting, pruning, or bracing
trees, or patching paving asphalt concrete pavement shall be permitted only
pursuant to site specific permits which authorize a specific project or operation.
f. The Director of the Department of Public Works may revoke any such annual
permit if the permittee fails to comply with the provisions of this chapter, and/or
Ord. Amanding Art V1, CN 90
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Streets and Highways Code, Division 2, Chapter 5.5, Article 2, andlor the terms
and conditions of any permit. When any such permit is revoked, such person is
entitled to a permit only on furnishing a bond as provided in Streets and
Highways Code Section 1467, or its successor, unless the revocation is reversed
by the Board of Supervisors or a court of law.
SECTIION 4. Section 10-94 of the Butte County Code is amended to read as follows:
Section 10-94 Appeal.
The action of the Director of Public Works in:
a. Refusing to issue an encroachment permit;
b. Failing to act upon an application for an encroachment permit within thirty (30}
days after it is filed and has been deemed complete by the Director of Public
Works;
c. Imposing unreasonable terms or conditions on the permit; or
d. Revoking an encroachment permit;
may be appealed to the board of supervisors by filing a notice of appeal and submitting payment
of an appeal fee in the amount set forth in the Butte County Master Fee Schedule with the Clerk
of the Board within ten (10) days following the action appealed from. The notice shall state one
(1) or more of the grounds for appeal set forth in this section relied on by the appellant. Within
thirty (30) days following receipt of the notice, the Clerk shall schedule the appeal to be heard by
the Board of Supervisors and shall notify the appellant and the Director of Public Works of the
date and time of the hearing on the appeal. At the time fixed for the hearing, the Board of
Supervisors will take such action on the permit as the Board finds just, and may continue the
hearing on the appeal from time to time by order entered in its minutes specifying the date and
time of the continued hearing.
1111
~ Ord. Amending Art V!, CH 10
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SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any
person or circumstances is for any reason held to be invalid by a court of competent jurisdiction,
such provision shall be deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which can be given effect without
the invalid provision ar application thereofi
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty {30) days
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen {i5) days after its passage. This Ordinance
shall be published once, with the names of the members of the Board of Supervisors voting for
and against it, in the Chico Enterprise Record, a newspaper of genexal circulation published in
the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14th day of August, 2012, by the following vote:
~ AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
~G~Z~
Steve Lamb ,Chair of the
Butte County Board of Supervisors
II ATTEST:
Paul Hahn
Chief Administrativ Officer
and Clerk the B and
~t
IBY
~ Ord. Amending Art V!, CH 10
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