HomeMy WebLinkAbout10. PUBLIC WORKS AND FLOOD CONTROL
PUBLIC WORKS AND FLOOD CONTROL
Title 10
PUBLIC WORKS AND FLOOD CONTROL
Division 1002 Encroachments
Chapter 1002-2 General Provisions
Sections:
1002-2.002 Definitions.
1002-2.004 Right of lawful use.
1002-2.006 Exception-County officers.
1002-2.008 Act requiring permit.
1002-2.010 Nonacceptable permit applications.
1002-2.012 Emergency work authorization.
1002-2.014 Appeal to board of adjustment.
1002-2.016 Conditions for granting permit.
1002-2.018 Removal of encroachments.
Chapter 1002-4 Permits
Sections:
1002-4.002 Issuance.
1002-4.004 Application-Exhibits required.
1002-4.006 Application -Consent of public bodies.
1002-4.008 Special permit required to move
certain objects.
1002-4.010 Term-Beginning of work or use.
1002-4.012 Term -Completion of work.
1002-4.014 Nontransferable.
1002-4.016 Display requirements.
1002-4.018 Encroachment or use change.
1002-4.020 Fees.
Chapter 1002-6 Security
Sections:
1002-6.002 Cash deposit.
1002-6.004 Bond in lieu of cash deposit.
1002":6.006 Annual bond.
1 002-6.008 Additional bond or cash deposit.
1 002-6.0 1 0 Condition of bond or cash deposit.
1002-6.012 Payable to county-Release.
1002-6.014 Certificate of insurance in lieu of
cash deposit of bond.
1002-6.016 Certificate of liability insurance.
Chapter 1002-8 Requiremen ts
Sections:
1002-8.002 Safeguards required.
1002-8.004 Start of work.
1002-8.006 Completion of work.
1002-8.008 Drainage.
1002-8.010 Interference with travel of public.
455
(Contra Costa County 3-15-78)
PUBLIC WORKS AND FLOOD CONTROL
1002-8.012 Restoration ofright-of-way.
1002-8.014 Relocation or removal of installations.
1002-8.016 Repair work supervision and inspection.
1002-8.018 Storage of material.
1002-8.020 Pipes and conduits-Generally.
1002-8.022 Pipes and conduits-Minimum cover.
1002-8.024 Backfilling.
1002-8.026 Poles and transmission line carriers.
. 1002-8.028 Aids to visibility.
1002-8.030 Movement of vehicles.
1002-8.032 Mailbox placement.
1002-8.034 Tree-Planting and maintenance.
1002-8.036 Tree-Trimming or removal.
1002-8.038 Hedge and fence-Permit required.
1002-8.040 Hedge and fence-Maintenance.
1002-8.042 Lawns.
1002-8.044 Marking of streets, curbs and
sidewalks.
1002-8.046 Monuments.
Division 1004 Franchises in County Roads (Reserved)
Chapter 1004-2 Pipeline Franchises (Reserved)
Division 1006 Road Dedications and Setbacks
Chapter 1006-2 Road Dedication and Improvement
Article 1006-2.2 Intent and Objectives
Sections:
1006- 2.202 Findings-General.
1006- 2.204 Findings-Cost.
1006-2.206 Intention.
1006- 2.208 Objectives.
Article 1006-2.4 Requirements and Exceptions
Sections:
1006-2.402 Requirements generally.
1006- 2.404 Applicable zoning districts.
1006-2.406 Maximum dedication.
1006-2.408 Existing improvements iJ1 right-of-way.
1006-2.410 No building in dedicated area.
1 006- 2.412 Construction-Exceptions.
Article 1006-2.6 Procedure
Sections:
1006- 2.602 Procedure-Generally.
1006-2.604 Procedure-Dedication assurance.
1006-2.606 Procedure-Improvement bond.
1006- 2.608 Improvement default.
1006-2.610 Procedure-Bond term and completion.
1006-2.612 Procedure-Improvement assurance-Notice.
1006-2.614 Procedure-Building permit issuanCe.
(Contra Costa County 3-15-78)
456
PUBLIC WORKS AND FLOOD CONTROL
Article 1006-2.8 Fees
Sections:
1006-2.802 Fees-None required.
Article 1006-2.10 Road Standards
Sections:
1006- 2.1002
1006- 2.1004
Road standards-Improvements.
Road standards-Principal
thoroughfares-Type A.
1 006- 2.1 006 Road standards-Principal
thoroughfares- Type B.
Road standards-General thoroughfares.
Road standards-General arterials.
Road standards-Industrial arterials.
Road standards-Property line returns.
Road standards-Improvement agreement.
Road standards-Improvement placement
and construction.
Article 1006-2.12 Deviations and Special Requirements
Sections:
1006-2.1202 Deviations.
1006- 2.1204 Road width review and findings.
1006- 2.1206 Road access.
1006-2.1208 Notice to building permit applicant.
1006- 2.1210 Acceptance of building permit.
1006- 2.1212 County participation.
1006- 2.1214 Director determines road alignment.
1006- 2.1216 Lots affected by road widening.
Article 1006-2.14 Appeal
Sections:
1006- 2.1402 Appeal-Applicability.
1006-2.1404 Appeal-To commission.
1006-2.1406 Appeal-To board.
1006- 2.1408 Appeal-Modifications.
Chapter 1006-4 Setback Requirements
Article 1006-4.2 Policy
Sections:
1006-4.202 Policy-Declaration.
Article 1006-4.4 Requirements
Sections:
1006-4.402
1006-2.1008
1006-2.1010
1006-2.1012
1006-2.1014
1006-2.1016
1006-2.1018
1006-4.404
1006-4.406
1006-4.408
Adopted section of streets and
highways plan-Filing required.
Effect of plan on building permit
issuance.
Chapter administration.
Building permit issuance after
appeal-Conditions required.
457
PUBLIC WORKS AND FLOOD CONTROL
Article 1006-4.6 Exemptions
Sections:
1006-4.602
Exemptions-Eminent domain,
declaratory relief, zoning.
Exemptions-Preexisting structures.
1006-4.604
Division 1008 Utilities
Chapter 1008-2 Underground Utility Districts
Sections:
1008-2.002
1008-2.004
1008-2.006
1008-2.008
1008-2.010
1008-2.012
1008-2.014
1008-2.016
1008-2.018
Definitions.
Public hearing by board -Notice.
Designation by board resolution.
Unlawful acts.
Exception- Emergency.
Exception-Certain facilities.
Notices to affected persons.
Responsibility of utility companies.
Responsibility of property
owners-Notice issuance.
Responsibility of county.
Time extension.
Violation-Penalty .
1008-2.020
1008-2.022
1008-2.024
Division 1010 Drainage
Chapter 1010-2 General
Sections:
1010-2.002 Acts requiring permits.
1010-2.004 Vio1ations-Notice-Abatement.
1010-2.006 Emergency work authorization.
1010-2.008 Appeal to board of adjustment.
1010-2.010 Conditions required for permit granting.
1010- 2. 0 12 Administration.
Chapter 1010-4 Permits
Sections:
1010-4.002 Issuance.
1010-4.004 Application-Form.
1010-4.006 Application-Exhibits.
1010-4.008 Consent of persons affected.
1010-4.010 Types designated.
1010-4.012 Term-Beginning of work.
1010-4.014 Term -Completion of work.
1010-4.016 Unsatisfactory work -Correction by county -Costs.
1010-4.018 Changes in character of authorized work.
1010-4.020 Transfer.
1010-4.022 Fees.
Chapter 1010-6 Security
Sections:
1010-6.002 Cash deposit or bond required.
458
PUBLIC WORKS AND FLOOD CONTROL
Division 1012 County Service Area Service Charges
Chapter 1012-2 General Provisions
Article 1012-2.2 General
Sections:
1012-2.202
1012-2.204
Article 1 0 12- 2.4
Sections:
1012-2.402 General.
1012-2.404 County service area.
1012-2.406 Miscellaneous extended service.
1012-2.408 Service charge.
Article 1012-2.6 Procedures
Sections:
1012-2.602 Tentative report.
1012-2.604 Contents.
1012-2.606 Computation of service charge.
1012-2.608 Notice of hearing.
1012-2.610 Hearing.
1012-2.612 Final report and levy.
1012-2.614 Collection of charge.
1012-2.616 Applicable laws.
1012-2.618 Deadlines do not invalidate.
Chapter 1012-4 Street Lighting Service Charge Imposed
Sections:
1012-4.002
1012-4.004
General.
Use of revenue.
Definitions
Charge imposed~Operative date.
Computation of street lighting
service charge.
458-1
(Contra Costa County 9-15-79)
PERMITS
Chapter 1002-4
PERMITS*
Sections:
1002-4.002 Issuance.
1002-4.004 Application-Exhibits
required.
1002-4.006 Application-Consent of
public bodies.
1002-4.008 Special permit required to
move certain objects.
1002-4.010 Term-Beginning of work or
use.
1002-4.012 Term-Completion of work.
1002-4.014 Nontransferable.
1002-4.016 Display requirements.
1002-4.018 Encroachment or use change.
1002-4.020 Fees.
*For the statutory provisions regarding the authority of the
county to require permits for encroachment to county roads,
see Str. & H. C. ~ 1460 ff.
460-1
(Contra Costa County 3-25-75)
Division 1002
ENCROACHMENTS
Chapters:
1002-2
1002-4
1002-6
1002-8
General Provisions
Permits
Security
Requirements
Chapter 1002-2
GENERAL PROVISIONS*
Sections:
1002- 2.002 Definitions.
1002-2.004 Right oflawful use.
1002-2.006 Exception-County officers.
1002-2.008 Act requiring permit.
1002-2.010 Nonacceptable permit
applications.
1002-2.012 Emergency work
authorization.
1002-2.014 Appeal to board of
adjustment.
1002-2.016 Conditions for granting
permit.
1002-2.018 Removal of encroachments.
1002-2.002 Definitions. As used in this title
the following words and phrases shall have the
meanings given in this section:
(1) "Public highway" means the full width of
the surfaced or traveled portion, including
shoulders, of any. road, street, path, lane, or
alley dedicated to, reserved for, or used by or
for the general public when those roads, streets,
paths, lanes, and alleys have been accepted as
and declared to be part of the county system of
public highways, except highways fonning a part
of the state highway system or of an
incorporated city street system.
(2) "Right-of-way" means all land or interest
therein which by deed, conveyance, agreement,
easement, dedication, usage, or process of law is
reserved for or dedicated to the use of the
general public for road or highway purposes.
*For the statutory provisions regarding encroachments on
county roads, see Str. & H. C. ~ 1450 ff. For the authority to
require and grant permits, see Str. & H. C. ~ 1460 ff. For the
provisions regarding obstructions and injuries to county
highways, see Str. & H. C. ~ 1480 ff.
GENERAL PROVISIONS
1002-2.002-1002-2.004
(3) "Encroach" includes going on, over, or
under, or using any right-of-way so as to
prevent, obstruct, or interfere with the normal
use of that way, including the performance of
any of the following acts:
(A) Excavating or disturbing the
right-of-way;
(B) Erecting or maintaining any post, sign,
pole, fence, on, over, or under the right-of-way;
(C) Planting any tree, shrub, grass, or other
growing thing within the right-of-way;
(D) Placing or leaving on the right-of-way any
rubbish, brush, earth, or any material;
(E) Constructing, placing, or maintaining on,
over, under, or within the right-of-way any
pathway, sidewalk, driveway, or other surfacing,
any culvert or other surface drainage or
subsurface drainage facility; or any pipe,
conduit, or cable;
(F) Traveling on the right-of-way by any
vehicle or combination of vehicles or object of
dimension, weight, or other characteristic
prohibited by law without a permit;
(G) Lighting or building a fire within the
right-of-way;
(II) Constructing, placing, planting, or
maintaining any structure, embankment,
excavation, tree, or other object adjacent to the
right-of-way which causes or will cause an
encroachmen t.
(5) "Director" means the director of public
works, who is charged with the responsibility of
road commissioner and surveyor. *
(6) "Permittee" means any person, firm,
company, corporation, association, public
agency, or organization that proposes to do
work or encroach on a right-of-way as defined in
this section and has been issued a permit for
encroachment by the director. All obligations,
responsibilities, and other requirements of the
permittee as described in this title shall be
binding on subsequent owners of the
encroachment. (Prior code ~ 7500: Ord. 1121:
Ord. 1000).
1002-2.004 Right oflawful use. Any permit
granted under this title shall not annul the right
of the county or any person, firm, corporation,
district, or association entitled to use that part
of the public right-of-way for any purpose for
which it may be lawfully used, and no part of
the public highway shall be unduly obstructed at
*For'director of public works as statutory office, see Section
24-22.002, this code.
459
(Contra Costa County 3-25-75)
1002-2.006-1002-2.018
PUBLIC WORKS AND FLOOD CONTROL
any time. (Prior code ~ 7501: Ord. 1000).
1002-2.006 Exception - County officers.
This title shall not apply to any officer or
employee of this county in the discharge of his
official duties. (Prior code ~ 7502: Ord. 1000).
1002-2.008 Act requmng permit. No
person, firm, corporation, or association,
without first obtaining a written permit, shall:
(1) Encroach or make any encroachment
within, on, over, or under the limits of any
right-of-way;
(2) Make any alteration within, on, over, or
under right-of-way;
(3) Construct, put on, maintain, or leave on a
right-of-way any obstruction or impediment;
(4) Cut, or trim trees or set a fire on a
righ t -of-way;
(5) Place on, over or under a right-of-way any
pipeline, conduit, or other fixture;
(6) Move over the surface of any right-of-way
or over any bridge, viaduct, or other structure
maintained by this county any vehicle or
combination of vehicles or other object of
dimension or weight prohibited by law or having
other characteristics capable of damaging the
right-of-way; or
(7) Place any structure, wall, culvert, or
similiar encroachment, or make any excavation
or embankment so as to endanger the normal
usage of the right-of-way. (Prior code ~ 7503:
Ord. 1000).
1002-2.010 Nonacceptable permit
applications. No application will be accepted,
nor any permit issued for constructing or
maintaining a loading platform within or on the
right-of-way; or for erecting, using or
maintaining a post, pole, column, or structure
for the support of advertising signs within or on
the right-of-way; or for erecting, using, or
maintaining advertising signs which overhang the
right-of-way. Any such encroachment is illegal.
(Ord. 1669: prior code ~ 7504: Ord. 1000).
1002-2.012 Emergency work authorization.
This title shall not prevent any person from
performing emergency maintenance on any pipe
or conduit lawfully on or under any
right-of-way, or from making an emergency use
or encroachment necessary to preserve life or
property when an urgent necessity arises, except
that the person making an emergency use. or
(Conta Costa County 3-25-75)
encroachment of a right-of-way shall apply for a
written permit within ten calendar days,
beginning with the first business day the county
offices open. Any person requiring an
emergency use or encroachment shall first notify
the director's office. During the hours the
county offices are closed, notice shall be given
the sheriff's office. (Prior code ~ 7505: Ord.
1121: Ord. 1000).
1002-2.014 Appeal to board of adjustment.
Any person aggrieved by the refusal of a permit
required by this title may appeal to the board of
adjustment. Administration of this title is
referred to the board of adjustment under
Chapter 26-2. (Prior code ~ 7506: Ord. 1000).
1002-2.016 Conditions for granting permit.
If, in addition to the requirements of Chapter
26-2, the board of adjustment finds all of the
following to be true, the permit shall be granted:
(1) That the applicant will be substantially
damaged by the refusal to grant the permit as
requested;
(2) That no other reasonable method of
obtaining the desired results is available except
as proposed by applicant;
(3) That the granting of the permit will not
be materially detrimental to the public interest,
safety, health, and welfare or injurious to other
property. (Prior code ~ 7507: Ord. 1000).
1002-2.018 Removal of encroachments. (a)
Removal. The director may immediately remove
an encroachment which is an advertising sign or
device of any description, except a notice posted
as provided by law or court order.
(b) Disposition. He may sell, destroy or
otherwise dispose of such an encroachment if it.
is unclaimed for ten days after its removal.
(c) Claims. Any person signing a verified
claim of ownership may claim such an
encroachment from the director for ten days
after its removal, by paying an amount sufficient
to reimburse the county for the costs of removal
as established by board resolution. (Ord. 74-74:
S.&H. C. ~ 1480.5),
460
Chapter 1002-4
PERMITS*
Sections:
1002-4.002 Issuance.
1002-4.004 Application-Exhibits
req uired.
1002-4.006 Application-Consent of
public bodies.
1002-4.008 Special permit required to
move certain objects.
1002-4.010 Term-Beginning of work or
use.
1002-4.012 Term-Completion of work.
1002-4.014 Nontransferable.
1002-4.016 Display requirements.
1002-4.018 Encroachment or use change.
1002-4.020 Fees.
1002-4.002 Issuance. The written permits
required by this title shall be issued by the
director for any lawful use, subject to conditions
set forth in this title and required by law. The
director shall prescribe and provide a regular
form of application for a permit required by this
title. The application form shall contain space
for the applicant's name and address and the
contractor's name, license number, and primary
place of business, if the applicant proposes to
employ a contractor, together with the detail
that in the judgment of the director is necessary
to establish the purpose and use, location,
dimension, and estimated dates of
commencement and completion of the
encroachment. The application form shall be
completed and signed by the applicant and filed
with the director. (Prior code ~ 7520: Ord.
1000).
1002-4.004 Application Exhibits
required. The applicant shall enclose with,
attach or add to the application for a permit, a
map, plat, sketch, diagram, or similar exhibit,
when required by the director, of a size and in
the quantity that he may prescribe, on which
shall be plainly shown all information necessary
to locate, delineate, illustrate, or identify the
proposed use or encroachment and the right and
necessity of the applicant to cause such
encroachment. If necessary, changes,
*For the statutory provisions regarding the authority of the
county to require permits for encroachment to county roads,
see Str. & H. C. ~ 1460 ff.
PERMITS
1002-4.002-1002-4.010
corrections, and notes will be made on the map,
plat, sketch, diagram, or similar exhibit and
these items will become an integral part of the
permit. (Prior code ~ 7521: Ord. 1000).
1002-4.006 Application Consent of
public bodies. The applicant shall also enclose
with, attach to, or add to the application copies
of the written order or consent to any work
under the permit, required by law, of the Public
Utilities Commission, sanitary districts, water
districts, or any other public body having
jurisdiction. A permit shall not be issued until
the order or consent, if required, is first
obtained and evidence of it filed with the
director. The permittee shall keep himself
adequately informed of all state and federal laws
and local ordinances and regulations which
affect the permit. The applicant at all times shall
comply with and shall cause all his agents and
employees to comply with all such laws,
ordinances, regulations, decisions, and court and
similar authoritative orders, and shall protect
and indemnify the county and all of its officers,
agents, and employees against any claims or
liability proximately caused by the violations of
such law, ordinance, regulation, or order issued
under police power and in accordance with law,
whether by himself or his agents or employees.
(Prior code ~ 7522: Ord. 1000).
1002-4.008 Special permit required to move
certain objects. Before a vehicle or combination
of vehicles or objects of weight, dimension, or
characteristic prohibited by law without a
permit, is moved on a public right-of-way, a
permit shall first be granted by the director as
set forth in specifications adopted by resolution
of the board of supervisors. (Prior code ~ 7523:
Ord. 1000).
1002-4.010 Term - Beginning of work or
use. The permittee shall begin the work or use
authorized by a permit issued under this title
within ninety days from date of issuance, unless
a different period is stated in the permit. If the
work or use is not begun within ninety days, or
within the time stated in the permit, then the
permit shall become void, unless before its
expiration the time for beginning has been
extended in writing by the director. A permit
for temporary encroachments, as determined by
the director, for continuing a use or maintaining
a temporary encroachment previously
461
(Contra Costa County 3-15-78)
10024.012-1002-6.002
PUBLIC WORKS AND FLOOD CONTROL
authorized, shall be valid for a term of one year
from date of issuance, unless the permit specifies
otherwise, or unless sooner terminated by
discontinuance of the use, removal of the
encroachment, or termination of the permit by
written order of the director mailed thirty days
before the date of termination. (Prior code ~
7524: Ord. 1000).
1002-4.012 Term - Completion of work.
The permittee shall complete the work or use
authorized by a permit within the time specified
in the permit. If at any time the director finds
that delay in beginning, prosecuting, or
completing the work or use is due to lack of
diligence by the permittee, he may cancel the
permit and restore the right-of-way to its former
condition. The permittee shall reimburse the
county for all expenses incurred by the director
in restoring the right-of-way, plus fifteen percent
as administrative costs. (Prior code ~ 7525: Ord.
1000).
1002-4.014 Nontransferable. No permit
issued under this title is transferable. The
person, public agency, firm, or corporation
actually making or maintaining the
encroachment shall obtain the permit and
furnish the bond. (prior code ~ 7526: Ord.
1000).
1002-4.016 Display requirements. The
permittee shall keep any permit issued under
this title at the site of work, or in the cab of a
vehicle when its movement on a public highway
is involved, and the permit must be shown to
any authorized representative of the director or
law enforcement officer on demand.
A permit issued for continuing use or
maintenance of an encroachment may be kept at
the place of business of the permittee or
otherwise safeguarded during the term of
validity but shall be made available to an
authorized representative of the director or law
enforcement officer within a reasonable time
after demand. (prior code ~ 7527: Ord. 1000).
1002-4.018 Encroachmen t or use change.
No changes shall be made in the location,
dimensions, character, or duration of the
encroachment or use granted by the permit
except on written authorization by the director,
but no permit shall be required for the
continuing use or maintenance of
(Contra Costa County 3.15-78)
encroachments installed by public utilities or for
changes to them where the changes or additions
require no excavation of the right-of-way. (prior
code ~ 7528: Ord. 1000).
1002-4.020 Fees. The schedule of fees will
be those recommended by the director and
established and adopted by the board of
supervisors from time to time by resolution.
Before a permit is issued the applicant shall
deposit with the director for payment to the
treasurer of the county cash or check in a
sufficient sum to cover the fee for issuance of
the permit, charges for field investigation, and
the fee for necessary inspection, all in
accordance with schedules established and
adopted by the board of supervisors.
Public utilities and political subdivisions, at
the director's option, may make payment for
the above changes as billed by the county
instead of advance deposit as required above.
(Prior code ~ 7529: Ord. 1000).
Chapter 1002-6
SECURITY*
Secn ons:
1002-6.002 Cash deposit.
1002-6.004 Bond in lieu of cash deposit.
1002-6.006 Annual bond.
1002-6.008 Additional bond or cash
deposit.
1002-6.010 Condition of bond or cash
deposit.
1002-6.012 Payable to county-Release.
1002-6.014 Certificate of insurance in
lieu of cash deposit or
bond.
1002-6.016 Certificate of liability
insurance.
1002-6.002 Cash deposit. Unless this
section is waived in the permit and before a
permit is effective, an applicant shall deposit
with the director or an agent authorized by
resolution of the board of supervisors cash or a
certified or cashier's check in a sum to be fixed
by the director as sufficient to reimburse the
county for costs of restoring the right-of-way to
*For the statutory provisions authorizing the county to require a
bond in such amount as deemed sufficient, see Str. & H. C. ~
1467.
462
its former condition, based on the schedules, if
any, adopted by resolution of the board of
supervisors; but an applicant may file a cash
deposit on an annual basis in a sum estimated by
the director as sufficient to cover his activities
during any twelve-month period. (Prior code ~
7540: Ord. 1000).
1002-6.004 Bond in lieu of cash deposit.
Instead of the cash deposit prescribed by
Section 1002-6.002, the applicant on approval
by the director may file a cash deposit in the
minimum sum established by the schedules, if
any, adopted for that purpose by the board of
supervisors and in effect at the time of
application for a permit. The balance of the sum
fixed by the director as sufficient to reimburse
the county for expenses incurred in restoring the
right-of-way to its former condition may be filed
in the form of an approved surety bond issued
by a company authorized to do a general surety
business in the state. (Prior code ~ 7541: Ord.
1000).
1002-6.006 Annual bond. Instead of a cash
deposit, the applicant, on approval by the
director, may annually file with the director an
approved surety bond issued by a company
authorized to do a general surety business in the
state, in a sum fixed by the director as sufficient
to reimburse the county for expenses to be
incurred in restoring the right-of-way to its
former condition, subject to the schedules, if
any, adopted by resolution of the board of
supervisors. (Prior code ~ 7542: Ord. 1000).
1002-6.008 Additional bond or cash
deposit. The director may require an additional
bond or cash deposit at any time that evidence
indicates that the amount of the bond or cash
deposit previously made is insufficient to cover
the cost of restoring the right-of-way to its
former condition, subject to the schedules, if
any, adopted by resolution of the board of
supervisors. (Prior code ~ 7543: Ord. 1000).
1002-6.010 Condition of bond or cash
deposit. The condition of any bond or cash
deposit made under this title shall be that the
permittee comply diligently and in good faith
with this title and the terms and conditions of
the permit. (Prior code ~ 7544: Ord. 1000).
1002-6.012 Payable to county - Release.
REQUIREMENTS
1002-6.004-1002-6.016
Any bond or cash deposit required by the
director under this title shall be payable to the
county and shall be filed with the director, who
shall release it ninety days after satisfactory
completion of all work authorized in the permit
and fulfillment of all conditions of the permit.
(Ord.75-51).
1002-6.014 Certificate of insurance in lieu
of cash deposit or bond. The public works
director may waive the provisions of this chapter
relating to cash deposit or surety bond for
permits required under Section 1002-4.008,
except where permits are also required under
Chapters 714-2 through 714-6, upon satisfactory
proof by certificate of insurance that the
permittee is adequately insured to assure
reimbursement to the county for repair of any
damage caused to county property. (Ord. 1697:
prior code ~ 7546).
1002-6.016 Certificate of liability
insurance. In addition to the other requirements
of this chapter, the director may require
satisfactory proof by certificate of insurance
that the permittee has in force a valid public
liability insurance policy which includes the
county, its officers, employees and agents as
additional insureds. When so required, the
insurance coverage shall be in an amount the
director deems sufficient to adequately protect
the additional insureds from liability for
damages to person(s) or property(s) arising from
the activities related to the permit. (Ord.
77-103).
Chapter 1002-8
REQUIREMENTS
&ctions:
1002-8.002 Safeguards required.
1002-8.004 Start of work.
1002-8.006 Completion of work.
1002-8.008 Drainage.
1002-8.010 Interference with travel
of public.
1002-8.012 Restoration of right-of-way.
1002-8.014 Relocation or removal of
installations.
1002-8.016 Repair work supervision and
inspection.
1002-8.018 Storage of material.
463
(Contra Costa County 3-15-78)
1002-8.002-1002-8.010
PUBLIC WORKS AND FLOOD CONTROL
1002-8.020 Pipes and conduits-
Generally.
1002-8.022 Pipes and conduits-Minimum
cover.
1002-8.024 Backfilling.
1002-8.026 Poles and transmission line
carriers.
1002-8.028 Aids to visibility.
1002-8.030 Movement of vehicles.
1002-8.032 Mailbox placement.
1002-8.034 Tree-Planting and maintenance.
1002-8.036 Tree-Trimming and removal.
1002-8.038 Hedge and fence-Permit
req uired.
1002-8.040 Hedge and fence-Maintenance.
1002-8.042 Lawns.
1002-8.044 Marking of streets, curbs and
sidewalks.
1002-8.046 Monuments.
1002-8.002 Safeguards required. The
permittee, in the conduct of the work, use, or
maintenance of an encroachment authorized by
a permit issued under this title, shall provide,
erect, or maintain the lights, barriers, warning
signs, patrols, watchmen, and other safeguards
necessary to protect the traveling public. Any
omission on the part of the director to specify in
the permit what lights, barriers, or other
protective measures or devices shall be provided,
erected, or maintained by the permittee, or the
fact that the director may not specify sufficient
lights, barriers, or other protective measures or
devices, shall not excuse the permittee from
complying with all requirements of law and
appropriate regulations and ordinances for
adequately protecting the safety of the traveling
public. If at any time the director finds that
suitable safeguards are not being provided, the
county may provide, erect, maintain, relocate,
or remove the safeguards deemed necessary or
may cancel the permit and restore the
right-of-way to its former condition, all at the
expense of the permittee.
A permittee making any excavation or leaving
any obstruction within, under, or on the
right-of-way, or causing the same to be made,
erected, or left, shall place and maintain lights at
each end of the excavation or obstruction, at
not more than fifty-foot intervals along the
excavation or obstruction, from one-half hour
before sunset of each day to one-half hour after
sunrise of the next day, until the excavation is
entirely refilled or the obstruction removed and
(Contra Costa County 3-15-78)
the right-of-way made safe for use. In addition,
reflectorized warning signs conforming to the
requirements of the California Division of
Highways shall be placed two hundred and four
hundred feet from each excavation or
obstruction, in a position adequately to warn
public traffic.
The warning signs, lights, and other safety
devices shall conform to the requirements of
Section 21406 of the Vehicle Code of the state
and of any sign manual issued by the
Department of Public Works of the state. (Prior
code ~ 7560: Ord. 1121: Ord. 1000).
1002-8.004 Start of work. Unless otherwise
exempt in the permit, the permittee shall notify
the director of the time of beginning work
before beginning any work which includes:
(1) Excavation; or
(2) Construction of concrete sidewalks,
curbs, gutters, or driveway approaches; or
(3) Planting, trimming, or removing trees; or
(4) Making, placing, or causing an
obstruction in the right-of-way. (Prior code ~
7561: Ord. 1000).
1002-8.006 Completion of work. Unless
this section is waived in the permit, the
permittee shall notify the director of the
completion of all work. No work shall be
deemed completed until notice of completion is
given under this section. (Prior code ~ 7562:
Ord. 1000).
1002-8.008 Drainage. If the work, use, or
encroachment authorized in a permit issued
under this title interferes with the established
drainage, the permittee shall provide for proper
drainage as approved by the director and shall
comply with the requirements of Division 1010.
(Prior code ~ 7563: Ord. 1000).
1002-8.010 Interference with travel of
public. All work or use shall be planned and
executed to cause least interference with the
safe and convenient travel of the general public
at the place where the work or use is authorized.
At no time shall a public highway be closed or
its use denied to the general public without the
written permission of the director, nor shall use
of private property be interfered with
unreasonably without the consent of the owner.
(Prior code ~ 7564: Ord. 1000).
464
1002-8.012 Restoration of right-of-way. On
completion of the work, acts, or things for
which a maintenance or encroachment permit
was issued, or when required by the director, the
permittee shall replace, repair, or restore the
right-of-way as provided in this title and adopted
specifications, or as directed by the director
within the limits of the specification. The
permittee shall remove all obstructions,
impediments, material, or rubbish caused or
placed on the right-of-way and shall do any
other work or perform any act necessary to
restore the right-of-way to a safe and usable
condition, as directed by the director.
After completion of all work, the permittee
shall exercise reasonable care in inspecting and
maintaining the area affected by the
encroachment. On notice from the director the
permittee shall immediately repair any injury,
damage, or nuisance in any portion of the
right-of-way resulting from the work done under
the permit. If the permittee fails to act promptly
or if the exigencies of the injury or damage
require repairs or replacement to be made before
the permittee can be notified or can respond to
notice, the county at its option may make the
necessary repairs or replacements or perform the
necessary work and the permittee shall be
charged the actual costs of labor and materials,
plus fifteen percent as administrative costs. By
acceptance of the permit, the permittee agrees
to comply with this section. (Prior code ~ 7565:
Ord. 1000).
1002-8.014 Relocation or removal of
464-1
REQUIREMENTS
1002-8.012-1002-8.014
(Contra Costa County 3-15-78)
installations. If any future construction,
reconstruction, or maintenance work on a public
right-of-way requires the relocation or removal
of installations or encroachments in, on or under
the public right-of-way, the permittee owning,
controlling, or maintaining the installations or
encroachments shall relocate or remove them at
his sole expense; but this provision shall remain
in effect only so long as the right-of-way on
which the installations or structures are located
is used for usual highway purposes and not as a
freeway, and this provision shall cease to apply
when the highway becomes a freeway. When
removal or relocation is required, the director
shall give the permittee a written demand
specifying the place of relocation, or that the
installations or encroachment must be removed
from the right-of-way, and specifying in the
demand a reasonable time within which the
encroachment must be removed or relocated. If
the permittee fails to comply with instructions,
the county may cause the removal or relocation
of the encroachment at the expense of the
permittee. (Prior code.~ 7566: Ord. 1000).
1002-8.016 Repair work supervision and
inspection. All encroachment repair work done
under a permit issued under this title shall
conform to specifications established by the
director or, in the absence of established
specifications, to recognized standards of
construction and approved practices in
connection with such work. All encroachment
repair work shall be done subject to approval of
the director.
Unless otherwise noted on the permit all
encroachment repair work performed on any
public highway or right-of-way under the
jurisdiction of the county shall conform to the
construction specifications contained in the
current edition of the Standard Specifications of
the state of California, issued by the Department
of Public Works, Division of Highways, as may
be amended by special provisions adopted by
the board of supervisors. (Prior code ~ 7567:
Ord. 1000).
1002-8.018 Storage of material. No material
shall be stored within five feet of a public
highway. Excess earth materials from trenching
or other operations shall be removed from the
pavement, traveled way, or shoulder as the
trench is backfilled or other work carried
forward unless otherwise approved by the
REQUIREMENTS
1002-8.016-1002-8.026
director. (Prior code ~ 7568: Ord. 1000).
1002-8.020 Pipes and conduits - Generally.
Utility, service, and other small diameter pipes
or rigid conduits shall be jacked, bored, or
driven, or otherwise forced underneath a paved
surface. The paved surface of a road shall not be
cut, trenched, or otherwise disturbed unless
specifically authorized in the permit. No
tunneling will be permitted except as specifically
set forth in the permit. (Prior code ~ 7569: Ord.
1000).
1002-8.022 Pipes and conduits - Minimum
cover. The minimum cover over all pipes or
conduits larger than two and one-half inches
installed within the right-of-way shall be three
feet of earth or imported material, unless
otherwise specified in the permit. Within the
public highway, the minimum cover of three
feet shall be measured from the surface, existing
or planned. The director is authorized to permit
installation of pipes or conduits where three feet
of cover cannot be provided because of
topography, structures, or other engineering
necessity. (Prior code ~ 7570: Ord. 1000).
1002-8.024 Backfilling. Backfilling and
compaction of an excavation shall accord with
specification established by the director and
adopted by resolution of the board of
supervisors, both as to material and method.
(Prior code ~ 7571: Ord. 1000).
1002-8.026 Poles and transmission line
carriers. Clearances and types in the
construction of poles and transmission line
carriers shall accord with rules, regulations, and
orders of the Public Utility Commission and
other public agencies having jurisdiction.
No guy wires shall be attached to trees
without specific authorization in the permit, and
in no event shall guy wires be attached to girdJe
the tree or interfere with its growth. Guy wires
shall not be below the minimum elevation above
the ground prescribed in the rules, orders, and
regulations of the Public Utilities Commission.
The permittee shall remove and keep clear all
vegetation on the right-of-way within a radius of
at least five feet of poles when ordered by the
director.
When a pole, guy, stub, or similar timber is
removed and not replaced, the entire length shall
be removed from the ground and the hole
465
1002-8.028-1002-8.036
PUBLIC WORKS AND FLOOD CONTROL
backfilled and compacted. (Prior code ~ 7572:
Ord. 1000).
1002-8.028 Aids to visibility. When the
location or position. of a pole or other
obstruction makes accentuation of its visibility
to vehicular traffic necessary, the director may
require that the pole or other obstruction be
painted or equipped with reflectors or other aids
to visibility prescribed or authorized by the
Public Utilities Commission or the Department
of Public Works of the state of California, at the
expense of the permittee. (Prior code ~ 7573:
Ord. 1000).
1002-8.030 Movement of vehicles. (a) When
authorized, by a permit issued under Section
1002-4.008, to move a vehicle or combination
of vehiCles or load of dimension, weight, or
other characteristic generally prohibited by law,
the permittee, unless exempt by special permit,
shall comply with the general law regulating
travel over a road or highway, inCluding:
(1) Posted signs or notices which limit speed
or direction of travel;
(2) Weight which may be placed on a
structure;
(3) The width or height that may be moved;
or
(4) Other restrictions or control of travel on
a road or highway.
(b) The permittee at all times shall conform
to and abide by the practice and procedure
necessary to make safe and convenient the travel
of the general public and to keep safe and
preserve the road or highway over and on which
movement is being made. Any violation of this
section shall automatically cancel the permit
issued to the permittee. (Prior code ~ 7574:
Ord. 1121: Ord. 1000).
1002-8.032 Mail box placement. All mail
boxes shall be placed in accordance with the
rules and regulations of the United States Post
Office Department, but no box shall be so
placed within the road right-of-way as to
endanger the life or safety of the traveling
public. A permit is not required for the placing
of mail boxes. (Prior code ~ 7575: Ord. 1000).
1002-8.034 Tree Planting and
maintenance. Applications for permits to plant
trees in the right-of-way shall be made on a form
prescribed by the director. The form shall
inClude, in addition to the other requirements,
an agreement by the applicant to maintain the
trees in a neat, healthy, and safe condition to
the satisfaction of the director, and an
agreement to remove the trees as directed by the
director and to pay the cost of removal on the
permittee's failure promptly to remove the trees
on direction of the director. The application
shall show the exact location and kind of trees
to be planted, and no change shall be made
either in the location or kind of trees without
the written approval of the director. .
All trees placed in the right-of-way shall be
maintained by the pennittee or his successor in
interest or by some other interested party in a
neat, healthy, and safe condition to the
satisfaction of the director and at no expense to
the county. If the encroachment is not located
or maintained as specified in this section, the
director may direct the permittee to remove the
encroachment and restore the right-of-way to its
former condition at the expense of the
permittee. If the permittee fails promptly to
remove theencroachmerit as directed, the
director shall have the right to remove it and
collect the.. cost of removal from the permittee,
together with all of the county's costs. and
expenses in enforcing collection.
The director shall refuse to issue a permit
authorizing the planting of trees in the
right-of-way when in his judgment the location
as described in the application or the nature of
the growth above or below ground of the kind
of tree proposed will impede or inconvenience
public travel, unduly disturb the right-of-way,
interfere with the construction or maintenance
of necessary facilities, or interfere with existing
pipe lines, utility installations, or other facilities
lawfully placed within the right-of-way. (Prior
code @ 7576:0rd. 1121);
1002-8.036 . Tree - Trimming or removal.
Trimming of trees will be permitted only when
and in. the manner authorized by a permit issued
under this title so that the shapeliness of the tree
may be preserved.
An application for removal of a tree will be
approved . and petmit issued only when a
necessity for removal exists. When a tree is
removed under authority of a permit, the entire
stump shall be taken out for a distance of at
least two feet belOw the ground surface unless
otherwise specified. in the permit, and the hole
shall be backfilled arid tamped. All debris from
466
trimming or removal shall be removed from the
site and the right-of-way restored to its former
condition. (Prior code ~ 7577: Ord. 1000).
1002-8.038 Hedge and fence - Permit
required. No hedge, shrub, or other planting
whatever, or fence or similar structure, except as
provided in Section 1002-8.042, shall be
planted, erected, or maintained in a right-of-way
without a permit.
No hedge, shrub, or other planting whatever
or fence or similar structure shall be maintained
across any existing walkway in a sidewalk area
or shoulder. The intent of this restriction is to
keep a walkway free for pedestrian or other
lawful public travel without interference by or
with vehicular travel. No encroachment will be
permitted or maintained which impedes,
obstructs, or denies pedestrian or other lawful
travel within the limits of the right-of-way of a
public highway or impairs adequate sight
distance for safe pedestrian or vehicular traffic.
(Prior code ~ 7578: Ord. 1000).
1002-8.040 Hedge and fence
Maintenance. The permittee or property owner
shall maintain the hedges, shrubs, or other
planting, or fence or similar structure, used for
landscaping purposes in a neat and orderly
condition at all times. If the encroachment is
not maintained as specified in this section, or is
located in violation of Section 1002-8.038, the
director may direct the permittee or property
owner to remove the encroachment and restore
the right-of-way to its former condition at the
expense of the permittee or property owner.
(Prior code ~ 7579: Ord. 1000).
1002-8. 04 2 Lawns. Other provisions of this
title notwithstanding, it is lawful for a person,
:fmn, or corporation or other body of persons to
plant and maintain a lawn or similar ground
cover of any grass or type not otherwise
prohibited by law within the right-of-way
without a written permit. However, the lawn or
similar ground cover shall not extend into the
traveled way nor into the drainage ditches,
gutter, or other drainage facilities.
The general public shall n.ot be denied the use
of a planted area for pedestrian travel or other
lawful use. The county may use the planted area
for any purpose and may issue a permit to any
applicant to go on the planted area to perform
work or otherwise encroach under this title. If
PIPELINE FRANCHISES
1002-8.038-1002-8.046
the lawn or similar ground cover is damaged .or
distrubed in the course of an authorized
encroachment, the permittee will be held
responsible for the replacement unless the
permit specifically states otherwise. (Prior code
@ 7580: Ord. 1121: Ord. 1000).
1002-8.044 Marking .of streets, curbs. and
sidewalks. No person, without first .obtaining a
permit, shall solicit on a commercial or donation
basis to place or maintain any number, figure,
letter, carving, drawing, design, or other marking
on any street, sidewalk, or curb. Temporary
markings to identify surveyor constructian
locations shall not be subject to this section.
(Prior code ~ 7581: Grd. 1000).
1002-8.046 Manuments. Any monument .of
granite, cancrete, iron, or other lasting material
set for the purpose of locating or preserving the
lines .or elevation of any public highway or
right-of-way, property subdivision, or a precise
survey point or reference point shall not be
removed or disturbed without first obtaining
permission from the director. Permission shall be
granted in conformance with requirements set
forth in specifications adopted by resolution of
the board of supervisors. Replacement .of
removed or disturbed monuments shall beat the
expense of the permittee. (Prior cade @ 7582:
Grd. 1000).
Divisian 1004
FRANCHISES IN COUNTY ROADS
(Reserved far future legislatian)
Chapters:
1004-2 Pipeline Franchises
Chapter 1004-2
PIPELINE FRANCHISES
(Reserved far future legislatian)
467
1006-2.202
PUBLIC WORKS AND FLOOD CONTROL
Division 1006
ROAD DEDICATIONS AND
SETBACKS*
Chapters:
1006- 2
1006-4
Road Dedication and Improvement
Setback Requirements
Chapter 1006-2
ROAD DEDICATION AND
IMPROVEMENT
Article 1006-2.2 Intent and Objectives
Sections:
1006- 2.202 Findings-General.
1006-2.204 Findings-Cost.
1006- 2.206 Intention.
1006-2.208 Objectives. .
Article 1006-2.4 Requirements and Exceptions
Sections:
1006- 2.402 Requirements generally.
1006-2.404 Applicable zoning districts.
1006-2.406 Maximum dedication.
1006-2.408 Existing improvements in
right-of-way.
1006-2.410 No building in dedicated
area.
1006-2.412 Construction -Exceptions.
Article 1006-2.6 Procedure
Sections:
1006-2.602 Procedure-Generally.
1006- 2.604 Procedure-Dedication
assurance.
1006- 2.606 Procedure- Improvemen t bond.
1006-2.608 Improvement default.
1006- 2.610 Procedure-Bond term and
completion.
1006-2.612 Procedure-Improvement
assurance-Notice.
1006-2.614 Procedure-Building permit
issuance.
Article 1006-2.8 Fees
Sections:
1006-2.802 Fees-None required.
*For the statutory provisions regarding irrevocable offers to
dedicate land for public purposes, see Gov. C. li 7050.
For building permit provisions, see Chapter 74-6, this code.
Article 1006-2.10 Road Standards
Sections:
1006-2.1002
1006-2.1004
Road standards-Improvements.
Road standards-Principal
thoroughfares-Type A.
1006-2.1006 Road standards-Principal
thoroughfares-Type B.
1006- 2.1008 Road standards-General
thoroughfares.
1006- 2.1010 Road standards-General
arterials.
1006-2.1012 ; Road standards-Industrial
arterials.
1006-2.1014 Road standards-Property
line returns.
1006-2.1016 Road standards-Improvement
agreement.
1006-2.1018 Road standards-Improvement
placement and construction.
Article 1006-2.12 Deviations and Special
Requirements
Sections:
1006-2.1202 Deviations.
1006-2.1204 Road width review and
findings.
1006-2.1206 . Road access.
1006-2.1208 Notice to building permit
applicant.
1006-2.1210 Acceptance of building
permit.
1006-2; 1212. County participation.
1006-2.1214 . Director determines road
alignment.
1006-2.1216 Lots affected by road
widening.
Article 1006-2.14 Appeal
Sections:
1006-2.1402 Appeal-Applicability.
1006-2.1404 Appeal-To commission.
1006-2.1406 Appeal-To board.
1006..2.1408. Appeal ~ Modifications.
Article 1006-2.2
Intent and Objectives
1006-2.202 Findings- General. In enacting
this chapter the board of supervisors finds that
the county has experienced explosive increases
in population and motor vehicle operation, and
extensive changes from the former
predominently agricultural uses to land
development for high-activity purposes other
than agricultural with attendant building
construction, which factors directly result in
468
ROAD DEDICATION AND IMPROVEMENT
rapidly rendering the present internal road
system inadequate in width and development to
provide minimum acceptable service capacity to
the lands being developed, which inadequacy is
growing at an increasing rate. The indirect result
of these factors of change and growth is to
increasingly tend to deny to the public the use
of roads of minimum standards for safe and
convenient vehicular and pedestrian access and
travel between many points inside and outside
the county. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.204 Findings - Cost. This board
further finds that the total cost of correcting
county road system deficiencies substantially
exceeds the total funds available to the county
for this purpose, and that unless measures are
taken to provide for the orderly and systematic
increase in width, capacity and improvement of
the county roads when and as the development
of land as aforesaid takes place, the citizens of
this county will early suffer a condition of blight
with pernicious effect upon the economic
welfare, public convenience and general
prosperity of the county. (Ord. 71-20 ~ 1 (part),
1971 ).
1 006- 2.206 Intention. Therefore, the
provisions of this chapter are intended to define
the requirements and procedures for the
dedication of right-of-way and the improvement
of those roads shown on the county major roads
plan, a portion of the circulation element of the
general plan of Contra Costa County, (approved
by the board and in the public works
department) in connection with the issuance of
building permits or land use permits in certain
land use districts in order to accomplish the
objectives set forth in Section 1006-2.208. (Ord.
71-20 ~ 1 (part), 1971).
1006-2.208 Objectives. The objects of these
provisions are:
(1) To insure conformity to the Subdivision
Map Act and to Title 9, and to extend the
application of the basic requirements thereof to
land development in which no subdivision is
involved;
(2) To spread the costs of required public
improvements upon the abutting properties as
contemplated by law;
(3) To cause the installation of those
improvements necessary to properly serve the
property developed, at the time of its
1006- 2.204-1006-2.406
development, so that the benefited property
may enjoy the use of such improvements
throughout the normal life thereof, and so that
such improvements are not indefinitely deferred
to the detriment of the public interest, safety
and welfare;
(4) To protect the public's vested interest in
the pre-existing capacity of this county's streets
and highways, and to provide a policy for public
participation in the widening and improvement
of streets and highways when necessitated by
development of abutting property;
(5) To prevent the dissipation or improper
use of the county's general operating and
maintenance funds in providing these
improvements or in maintaining faulty or
substandard installations; and
(6) To protect the public health, safety,
living standards and common welfare of the
general public. (Ord. 71-20 ~ 1 (part), 1971).
Article 1006-2.4
Requirements and Exceptions
1006-2.402 Requirements generally. No
building or structure shall be erected or
enlarged, and no building permit shall be issued
therefor, on any lot in any district set forth in
Section 1006-2.404 or on any lot where a
variance or land use permit is conditioned on
compliance with this chapter, if such lot abuts a
principal thoroughfare or arterial as shown on
"The County Major Roads Plan," unless the
one-half of the planned road which is located on
the same side of the road's center (as shown on
the plan) as such lot has been dedicated and
improved for the full frontage width of the lot,
or such dedication and improvement has been
assured. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.404 Applicable zoning districts. This
chapter shall be applicable to the following
zoning districts:
F-R, F-l, M-l, M-2, M-3, M-4, T-l, P-l, N-B,
planned N-B, R-B, special R-B, G-l, C, 0-1, A-O,
C-M, W-3, L-l and H-l. (Ord. 72-44 ~ 2, 1972:
Ord. 71-20 ~ 1 (part), 1971).
1006-2.406 Maximum dedication. (a) The
maximum area of land required to be dedicated
in accordance with this chapter shall not exceed
twenty-five percent of the area of any such lot
which was of record in the county recorder's
office, as of April 1, 1971.
469
1006- 2.408-1006- 2.610
PUBLIC WORKS AND FLOOD CONTROL
(b) Unless a variance is granted, no
dedication shall be required by this chapter
which reduces the lot below:
(1) The minimum for the zoning district
involved or for Section 82-10.004; or
(2) A width of fifty feet; or
(3) An area of five thousand square feet.
(c) No dedication shall be required of any
land under a building (as defined ill Section
82-4.210) which existed on April 1, 1971. (Ord.
71-20 ~ 1 (part), 1971).
1006- 2.408 Existing improvements in
right-of-way. No additional improvements shall
be required on a lot where complete roadway,
curb, gutter and sidewalk improvements exist
within the present road right-of-way contiguous
thereto; but additional right-of-way may be
required to be dedicated to conform to future
road widths. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.410 No building in dedicated area.
After March 31, 1971, no person shall erect any
building or structure within the area(s) required
to be dedicated by this chapter. (Ord. 71-20 ~ 1
(part), 1971).
1006- 2.412 Construction Exceptions.
The provisions of this chapter shall not apply to
the following construction:
(1) One single family dwelling (with
customary accessory buildings) when erected on
a vacant lot;
(2) Additions, and accessory buildings
incidental, to a residential building legally
existing on a lot, if no additional dwelling units
are created; or
(3) Additions, and accessory buildings
incidental, to a nonresidential building existing
on April 1, 1971, if their total cumulative floor
area is not over two hundred square feet. (Ord.
71-20 ~ 1 (part), 1971).
Article 1006-2.6
Procedure
1006-2.602 Procedure - Generally. Any
person required to dedicate land by the
provisions of this chapter shall deliver an offer
to dedicate, properly executed by all parties
owning an interest, including beneficiaries and
trustees in deeds of trust, as shown by a current
title report, furnished by the applicant, and
acceptable to the public works department. The
offer shall:
(1) Be on a form approved by the county
counsel and the public works director;
(2) Be in such terms as to be binding on the
owner, his heirs, assigns or successors in interest;
and
(3) Continue until the board of supervisors
accepts or reject it. The applicant shall file the
offer with the public works department; which
(if it finds it to be in order) shall present it to
the board. Within twenty days, the board shall
accept or reject the offer for recordation. If it is
accepted, its clerk shall notify the building
inspection department and promptly record the
offer with the county recorder. (Ord. 71-20 ~ 1
(part), 1971).
1006-2.604 Procedure Dedication
assurance. Dedication(s) hereunder shall be
considered as satisfactorily assured when the
board accepts for recordation the offer to
dedicate. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.606 Procedure Improvement
bond. Any person required by this chapter to
make improvements shall file with the public
works director a bond in such an amount as the
director determines to be necessary to complete
all of the improvrnents required. Such bond may
be either a cash bond, or a bond executed by the
lot owner as principal and a company authorized
to act as a surety in this state. The bond shall be
payable to the county and be conditioned upon
the faithful performance of all required work;
and it shall provide that if. such work is not
completed within the time specified, the county
may have it completed, and the parties
executing the bond shall be firmly bound under
a continuing obligation for the payment of all
necessary costs and expenses incurred in the
construction thereof. (Ord. 71-20 ~ 1 (part),
1971).
1006-2.608 Improvement default. On any
default or failure on the part of the owner
(principal) to fully, faithfully and properly do or
complete any of the required improvements, the
county may have part of all of the work done,
and may collect the costs caused thereby from
the cash deposit (refunding any remainder) or
enforce collection thereof under the surety
bond. (Ord. 71-20 ~ 1 (part), 1971).
1006- 2.610 Procedure - Bond term and
completion. The term of the (cash and/or
470
ROAD DEDICA nON AND IMPROVEMENT
surety) bond required by this chapter shall begin
when the cash is depsoited or the surety bond is
filed, and shall. end when the public works
director accepts in writing the required
improvements as completed to his satisfaction,
after which the deposit and/or surety bond shall
be refunded and/or exonerated as appropriate.
(Ord. 71-20 ~ 1 (part), 1971).
1006-2.612 Procedure Improvement
assurance - Notice. Improvements hereunder
shall be considered as satisfactorily assured when
the public works director accepts the cash or
surety bond hereunder or accepts the required
improvements as completed to his satisfaction;
and he shall notify the building inspection
department when improvements have been
assured. (Ord. 71-20 ~ 1 (part), 1971).
t 006-2.614 Procedure - Building permit
issuance. When all dedication(s) and
improvement(s) required by this chapter have
been satisfactorily assured, a building permit
may be issued. (Ord. 71-20 ~ 1 (part), 1971).
Article 1006-2.8
Fees
1006-2.802 Fees None required.
Notwithstanding any other provisions of this
code, no fees shall be charged for any service by
the county in connection with any dedication or
improvement required by this chapter and not a
part of a subdivision or conditional use pennit
proceeding. (Ord.71-20 ~ 1 (part), 1971).
Article 1006-2.10
Road Standards
1006-2.1002 Road standards
Improvements. For the purposes of this chapter,
all principal thoroughfares and arterials shall be
constructed, improved, and dedications made
therefor in accordance with the following
standards (insofar as this is practicable and will
not create an undue hardship) and with the
county major roads plan, a portion of the
circulation element of the general plan of Contra
Costa County. (Ord. 71-20 ~ 1 (part), 1971).
1006- 2.1004 Road standards - Principal
thoroughfares Type A. Principal
thoroughfares, type A, shall be dedicated to a
width of one hundred ten feet, with seventy two
1006-2.612-1006-2.1014
feet of roadway, twenty feet of sidewalk area
and eighteen feet dividing strip. Each one-half of
the road shall consist of nine feet of dividing
strip, thirty-six feet of paved roadway, curbs and
gutters, and ten feet of sidewalk area with at
least four and five-tenths feet thereof paved.
(Ord. 71-20 ~ 1 (part), 1971).
1006- 2.1006 Road standards - Principal
thoroughfares Type B. Principal
thoroughfares, type B, shall be dedicated to a
width of one hundred feet, with sixty-four feet
of roadway, twenty feet of sidewalk area and
sixteen feet of dividing strip. Each one-half of
the road shall consist of eight feet of dividing
strip, thirty-two feet of paved roadway, curbs
and gutters, ten feet of sidewalk area with at
least four and five tenths feet thereof paved.
(Ord. 71-20 ~ 1 (part), 1971).
1 006- 2.1 008 Road standards - General
thoroughfares. General thoroughfares shall be
dedicated to a width of eighty-four feet, with
sixty-four feet of roadway, and twenty feet of
sidewalk area. Each one-half of the road shall
consist of thirty-two feet of paved roadway,
curbs, and gutters, and ten feet of sidewalk area
with at least four and five-tenths feet thereof
paved. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.1010 Road standards - General
arterials. General arterials shall be dedicated to a
width of sixty feet, with forty feet of roadway,
and twenty feet of sidewalk area. Each one-half
of the road shall consist of twenty feet of paved
roadway, curbs, and gutters, and ten feet of
sidewalk area with at least four and five-tenths
feet thereof paved. (Ord. 71-20 ~ 1 (part),
1971).
t 006-2. t 01 2 Road standards - industrial
arterials. Industrial arterials shall be dedicated to
a width of sixty-eight feet, with forty-eight feet
of roadway, and twenty feet of sidewalk area.
Each one-half of the road shall consist of
twenty-four feet of paved roadway, curbs, and
gutters, and ten feet of sidewalk area with at
least four and five-tenths feet thereof paved.
(Ord. 71-20 ~.l (part), 1971).
1006-2.1014 Road standards - Property
line returns. Each intersection involving either a
thoroughfare or arterial road shall be dedicated
so as to provide a thirty foot curved comer
471
1006-2.1016-1006-2.1212
PUBLIC WORKS AND FLOOD CONTROL
radius at the intersection of such roads, which
shall be improved in accordance with the
standards for such road set forth in this chapter.
(Ord. 71-20 ~ 1 (part), 1971).
1006-2.1016 Road standards
Improvement agreement. The property owner
shall make an agreement with the county on the
road improvements to be constructed by him,
including curb, gutter, sidewalk, and the
necessary structural pavement section as thick as
required by Chapter 98-8 and to a maximum
width of twenty feet from curb face for each
side of the roadway. Necessary longitudinal
stonn drainage shall be considered as a part of
the improvements. Street lighting where
reasonably necessary shall be considered as a
part of the improvements. (Ord. 71-20 ~ 1
(part), 1971).
1006-2.1018 Road standards
Improvement placement and construction. All
improvements required by this chapter shall be
placed and constructed in accordance with
Section 1002-8.016 and the ordinance
specifications adopted by the board. Paved
sidewalk installations shall comply also with
Sections 96-8.206 ~ 96-8.408. (Ord. 71-20 ~ 1
(part), 1971).
Article 1006-2.12
Deviations and Special Requirements
1006-2.1202 Deviations. The public works
director may approve and allow such variations
and deviations from the requirements of this
chapter, as he determines are made necessary by
the conditions of the terrain and the existing
improvements in the immediate vicinity of the
property and lot involved. (Ord. 71-20 ~ 1
(part), 1971).
1006- 2.1204 Road width review and
Imdings. The public works director shall review
the road widths shown on the county major
roads plan at the time of application, to
determine their adequacy to serve the traffic
generated by the proposed land use, adjacent
land uses, and any other changes to the general
plan made by the adoption of the county major
roads plan; and his findings thereon shall
become the requirements for dedication of
right-of-way and the construction of
improvements. (Ord. 71-20 ~ 1 (part), 1971).
1006- 2.1206 Road access. The public works
director shall control access to roads, as to
location, size, type, and number of driveways, so
as to safely permit ingress and egress and so as
to comply with standards and policy of the
public works department and Division 1002.
(Ord. 71-20 ~ 1 (part), 1971).
1006-2.1208 Notice to building permit
applicant. When the public works director
determines that this chapter is applicable to any
building permit application, he shall inform the
permit applicant of his determination and
findings as to the specific requirements of this
chapter applicable thereto and of the availability
and procedure for appeal of his determination to
the planning commission. (Ord. 71-20 ~ 1 (part),
1971 ).
1006-2.1210 Acceptance of building
permit. Acceptance of a building permit by an
applicant after determination by the public
works director that the provisions of this
chapter are applicable shall constitute an
agreement on behalf of the applicant and owner,
their heirs, successors and assigns, to comply
with all the terms and conditions imposed by
the public works director's findings, this
chapter, and all other applicable ordinances and
statutes. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.1212 County participation. (a)
Costs. Upon proper written application to the
board and investigation and recommendation to
the board by the public works director, the
county may contribute to the costs of making
any improvements required by this chapter, if
the public works director determines that they
are excessive due to topography or other natural
causes or will greatly exceed the costs of other
property owners in the immediate vicinity who
are required to make improvements hereunder.
(b) Plans. The public works department shall
provide plans showing line and grade, and shall
place one set of construction stakes. If the
public works department cannot provide plans
or survey stakes in time to coordinate with the
applicant's schedule, the applicant will furnish
construction plans for review and approval by
the public works department before
construction starts. The construction plans shall
be prepared by a California Licensed Civil
Engineer and shall be in accordance with public
works department policy and applicable sections
472
BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of
Amending Sections 1006-2.1016 )
and 1006-2.1018 of the County )
Code as Adopted by Reference )
Relating to the Obligation )
of Propecty Owners to Construct )
Road and Other Necessary )
Appurtenant Improvements )
j
ORDINANCE NO. 39-84
The City Council of the City of Danville DOES ORDAIN as follows:
Section 1. Section 1006-2.1016 of the County Ordinance Code as
adopted by reference by Ordinance No. 15 is amended to read as
follows:
-1006-2.1016 Road Standards-Improvement Agreement. The
property owner shall make an agreement with the City on the
road improvements to be constructed by him. These road
improvements shall include curb, gutter, sidewalk, necessary
longitudinal storm drainage and the necessary structural
pavement section. The Public Works Director shall specify
the structural design of the pavement section and the
requirements of sections 98-8.202-98-8.208 shall apply. The
property owner may be required to repave one-half of the
streets to the adopted center line of the street under the
direction of the Public Works Director in order to i~sure
restoration of the street to its proper function. Street
lighting where reasonably necessary shall be considered as a
part of the improvements.-
Section 2. Section 1006-2.1018 of the County Ordinance Code as
adopted by reference by Ordinance No. 15 is amended to read as
follows:
-1006-2.1018 Road Standards-Improvement Placement and
Construction. The improvements required by this Chapter
shall be placed and constructed in accordance with section
1002-8.016, the o.rdinance specifications adopted by the City
Council by reference (see Ordinance No. 15 adopting the
County Ordinance Code by reference) and as modified or
supplemented by the Public Works Director. Paved sidewalk
installations shall comply also with Sections
96-8.206-96-8.404.-
Section 3. Effective Date.
This ordinance becomes effective 30 days after its adoption.
Section 4. Publication.
The City Clerk shall either (a) have this ordinance published
once within 15 days after adoption in a newspaper of general
circulation or (b) have a summary of this circulation, once
5 days before its adoption and again within 15 days after
adoption.
the foregoing ordinance was introduced at a meeting of the City
Council of the City of Danville held on , 1984, and
was adopted and ordered published at a meeting of the City
Council held on , 1984, by the following vote:
AY ES :
NOES:
ABSENT:
ATTEST:
/-~., ".
( \ill
\ /i'
MAYOR
CITY CLERK
1006-2.1214-1006-2.1408
of Division 716 and Title 9 of this code. (Ord.
71-20 @ I (part), 1971).
1006-2.1214 Director determines road
alignment. Whenever uncertainty exists as to the
proper application of this chapter in the matter
of street alignment, the public works director
shall determine its application in conformity
with the spirit and intent of this chapter. (Ord.
71-20 @ I (part), 1971).
1006-2.1216 Lots affected by road
widening. On a lot which is affected by road
widening required by the provisions of this
chapter, all required yards, setbacks, parking
area, loading space, and building locations for
new buildings or structures or additions to
buildings or structures, shall be measured and
calculated from the new lot lines being created
by the widening; but, for the purpose of
establishing the required front yard depth on a
frontage where the ultimate curb line has been
determined under the provisions of this chapter,
the depths of all existing front yards may be
measured from such ultimate curb line instead
of the front lot line. In applying all other
provisions of this code, the area of such lot shall
be considered as that which existed immediately
before to such required road widening. (Ord.
71-20 @ I (part), 1971).
Article 1006-2.14
Appeal
1006- 2.1402 Appeal - Applicability. These
provisions on appeals do not apply to appeals
from actions or decisions of the building
inspection or planning departments not
involving this chapter. (Ord. 71-20 @ I (part),
1971 ).
1006-2.1404 Appeal- To commission. Any
person required to dedicate land or make
improvements under this chapter may appeal
any determination made by the public works
director hereunder to the planning commission.
His written appeal shall clearly and concisely
state the grounds therefor. The planning
commission shall render its decision within
forty-five calendar days after an appeal is
property filed with it. (Ord. 71-20 @ 1 (part),
1971).
SETBACK REQUIREMENTS
1006-2.1406 Appeal - To board. (a) The
applicant or an affected county official may
appeal the commission's decision to the board of
supervisors. This written appeal shall clearly and
concisely state the grounds therefor, and shall be
filed with the commission within ten calendar
days after the commission's action which is
appealed from.
(b) Within twenty calendar days after filing,
the commission shall transmit the appeal, and its
reports and recommendation thereon, to the
board. The board shall render its decision within
ninty calendar days after the commission's
transmittal. (Ord. 71-20 @ 1 (part), 1971).
1006-2.1408 Appeal - Modifications. The
commission and the board may make such
modifications in the requirements of this
chapter or may grant such waivers or
modifications of the determinations which are
appealed to them, as they determine are
required to prevent unreasonable hardship under
the facts of each case, but each such
modification or waiver shall conform with the
general spirit and intent of the requirements of
this chapter. (Ord. 71-20 @ I (part), 1971).
SETBACK REQUIREMENTS
Chapter 1006-4
Article 1006-4.2 Policy
Sections:
1006-4.202 Policy-Declaration.
Article 1006-4.4 Requirements
Sections:
1006-4.402
I 006-4.404
1006-4.406
1006-4.408
Article 1006-4.6
Sections:
1006-4.602
1006-4.604
473
Adopted section of streets
and highways plan-Filing
required.
Effect of plan on building
permit issuance.
Chapter administration.
Building permit issuance
after appeal-Conditions
required.
Exemptions
Exemptions-Eminent domain,
declaratory relief, zoning.
Exemptions-Pre-existing
structures.
1006-4.202-1006-4.602
PUBLIC WORKS AND FLOOD CONTROL
Article 1006~4.2
Policy
1006-4.202 Policy Declaration. This
county is developing a master plan of streets and
highways (and precise sections thereof) for the
purpose of assuring ample transportation
facilities for the present and future. The
magnitude of this undertaking precludes these
plans being completed in their entirety in time
to fully guide the rapid development occurring
within the county; and the surveys, hearings,
map preparation, and requirements of law
governing these matters necessitate that detailed
plans be developed progressively. To conserve
the public interest and to assure economies and
public safety and welfare, it is imperative that
necessary rights-of-way for streets and highways
within the county be protected against
encroachment by permanent physical
improvements, the existence of which would
make unnecessarily difficult or make impractical
the retention or creation of thoroughfares,
adequate in alignment, dimensions and vision
clearance to serve the public needs, safety and
welfare. Consequently, to deal effectively with
the practical problem thus presented, it is
necessary to establish certain minimum building
line setbacks on a county-wide basis. (Ord.
71-20 @ 1 (part), 1971).
Article 1006-4.4
Requirements
1006-4.402 Adopted section of streets and
highways plan - Filing required. Whenever the
board adopts a precise section of the streets and
highways plan, the public works department
shall prepare a map of the highway , sufficient to
show the location of the highway on parcels of
land to be traversed or otherwise occupied by
the highway when constructed, and file the map
in the recorder's office and deliver a copy to the
building inspector. (Ord. 71-20 @ 1 (part),
1971 ).
1006-4.404 Effect of plan on building
permit issuance. Before issuing a building
permit, the chief building inspector or his
authorized deputy shall examine the precise
plan. If he finds that the building or structure
proposed to be erected will lie wi thin the
boundaries of the precise section of the streets
and highways plan, or within the setback lines of
the existing zoning regulations affecting the land
as measured from the boundaries of the precise
section, he shall grant the permit only if the cost
of the proposed building or structure is five
hundred dollars or less, otherwise, he shall refuse
the permit and notify the applicant for the
permit of the reason for refusal. (Ord. 71-20 @ 1
(part), 1971).
t 006-4.406 Chapter administration. Any
person aggrieved by the refusal of a building
permit may appeal to the planning commission.
Administration of this chapter and of Streets
and Highways Code Sec. 741.2 is referred to the
planning commission under Section 26-2.408 of
this code. (Ord. 71-20 @ 1 (part), 1971).
1006-4.408 Building permit issuance after
appeal - Conditions required. The board of
adjustment shall grant the permit only if all the
following are true:
( 1) There are special circumstances or
conditions relating to the property upon which
the proposed building, structure, or other
improvement is sought to be placed;
(2) Granting the application is necessary for
the preservation and enjoyment of substantial
property rights; and
(3) Balancing the interests of the public in
preserving the integrity of the master plan of
streets and highways against the interest of the
owner of the land in using his property, the
granting of the permit is required by
considerations of justice and equity. (Ord. 71-20
@ 1 (part), 1971).
Article t 006~4.6
Exemptions
1006-4.602 Exemptions Eminent
domain, declaratory relief, zoning.
(a) Nothing in this chapter shall be deemed a
condition precedent to the acquisition of
rights-of-way by purchase or by proceedings in
eminent domain.
(b) Nothing in this chapter shall be construed
to restrict the right of any person to seek
declaratory relief under Code of Civil Procedure
Section 1060, or to avail himself of any other
legal or equitable remedy applicable to his
particular case.
(c) No zoning regulations are to be construed
as permitting a building line setback or any
building within the boundaries of the precise
474
UNDERGROUND UtILITY DISTRICTS
section, except as provided in this chapter. (Ord.
71-20 ~ 1 (part), 1971).
1006-4.604 Exemptions Pre-existing
structures. No building, structure, well,
excavation, or subsurface structure existing on
December 22, 1957, shall be deemed to be in
violation of this chapter. (Ord. 71-20 ~ I (part),
1971 ).
Division 1 008
UTILITIES
Chapters:
1008-2 Underground Utility Districts
Chapter 1008-2
UNDERGROUND UTILITY DISTRICTS*
Sections:
1008- 2.002
1008-2.004
1 008-2.006
1 008- 2. 008
1008-2.010
1008-2.012
1008- 2.014
1008-2.016
1008-2.018
1008-2.020
1008-2.022
1008-2.024
Definitions.
Public hearing by board-
Notice.
Designation by board
resolution.
Unlawful acts.
Exception -- Emergency.
Exception-Certain
facilities.
Notices to affected persons.
Responsibility of utility
companies.
Responsibility of property
owners-Notice issuance.
Responsibility of county.
Time extension.
Violation-Penalty.
1008- 2.002 Definitions. Whenever in this
chapter the words or phases defined in this
section are used, they shall have the respective
*For the statutory provisions regarding conversion of existing
overhead wiring to underground locations, see Str. & H. C. ~
5896.1 ff.
For underground utilities in subdivisions, see Ch. 96-10, this
code.
1006-4.604-1008-2.004
meanings assigned to them as follows:
(l) "Commission" means the Public Utilities
Commission of the state of California.
(2) "Underground utility district" or
"district" means that area in the county within
which poles, overhead wires, and associated
overhead structures are prohibited as such area is
described in a resolution adopted pursuant to
the provisions of Section 1008-2.006.
(3) "Person" means and includes individuals,
firms, corporations, partnerships, and their
agents and employees.
(4) "Poles, overhead wires and associated
overhead structures" means poles, towers,
supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers,
insulators, cutouts, switches, communication
circuits, appliances, attachments and
appurtenances located above ground within a
district and used or useful in supplying electric,
communication or similar or associated service.
"Poles, overhead wires and associated
structures" does not include a modified
underground system where the installation of
such system in a district has been specifically
ordered pursuant to Section 1008-2.006.
(5) "Modified underground system" means
an electrical distribution system consisting of
metal poles supporting high voltage wires,
switches, transformers and street lights, with all
other facilities and wires for the supplying and
distribution of electrical energy and service
placed underground, including occasional poles
supporting only street lights if a light isrequired
at a location where a metal electric distribution
pole is not suitable.
(6) "County" means the county of Contra
Costa, a political subdivision of the state of
California.
(7) "Board" means the board of supervisors
of Contra Costa County.
(8) "Utility" includes all persons or entities
supplying electric, communication or similar or
associated service by means of electrical
materials or devices. (Ord. 68-1 0 ~ 2 (part),
1968: prior code @ 7801).
1008-2.004 Public hearing by board -
Notice. The board may from time to time call
public hearings to ascertain whether the public
necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated
overhead structures within designated
unincorporated areas of the county and the
475
1008-2.006-1008-2.012
PUBLIC WORKS AND FLOOD CONTROL
underground installation of wires and facilities.
for supplying electric, communication, or similar
or associated service or the installation of a
modified underground system. The clerk of the
board shall notify all affected property owners
as shown on the last equalized assessment roll
and utilities concerned by mail of the time and
place of such hearings at least ten days prior to
the date thereof. Each such heating shall be
open to the public and may be continued from
time to time. At each such hearing all persons
interested shall be given an opportunity to be
heard. The decision of the board shall be final
and conclusive. At the conclusion of the hearing,
the board may make changes in, to or from the
boundaries of the designated district area but
the board shall not change the boundaries to
include any territory which was not described in
the notice for the aforesaid public hearing. (Ord.
68-10 @ 2 (part), 1968: prior code g 7802).
1008-2.006 Designation by board
resolution. If, after any such public hearing the
board finds that the public necessity, health,
safety Of welfare requires such removal and such
underground installation or the installation of a
modified underground system within a
designated area, the board shall, by resolution,
declare such designated area an underground
utility . district and order such removal and
underground installation or the installation of a
modified underground system. Such resolution
shall include a description of the area comprising
such district and shall fix the time within which
such removal and underground installation or
the installation of a modified underground
system shall be accomplished and within which
affected property owners must be ready to
receive underground service. A reasonable time
shall be allowed for such removal and
underground installation or the installation of a
modified underground system, having due regard
for the availability of labor, materials and
equipment necessary for such removal and for
the installation of such underground facilities as
may be occasioned thereby. (Ord. 68-10 @ 2
(part), 1968: prior code @ 7803).
1008-2.008 Unlawful acts. Whenever the
board creates an underground utility district and
orders the removal of poles, overhead wires and
associated overhead structures therein as
provided in Section 1008-2.006, it is unlawful
for any person or utility to erect, construct,
place, keep, maintain, continue, employ or
operate poles, overhead wires and associated
overhead structures in the district after the date
when the overhead facilities are required to be
removed by such resolution, except as the
overhead facilities may be required to furnish
service to an owner or occupant of property.
prior to the performance by such owner or
occupant of the underground work necessary for
such owner or occupant to continue to receive
utility service as provided in Section
1008-2.018, and for such reasonable time
required to remove facilities after the work has
been performed, and except as otherwise
provided in this chapter. (Ord. 68-10 g 2 (part),
1968: prior code g 7804).
1008-2.010 Exception Emergency.
Notwithstanding the provisions of this chapter,
overhead facilities may be installed and
maintained for a period, not to exceed ten days,
without authority of the board in order to
provide emergency service. The board may grant
special permission, on such terms as the board
may deem appropriate, in cases of unusual
circumstances, without discrimination as to any
person or utility, to erect, construct, install,
maintain, use or operate poles, overhead wires
and associated overhead structures. (Ord.68-1 0
g 2 (part), 1968: prior code @ 7805).
1008- 2.012 Exception - Certain facilities.
This chapter and any resolution adopted
pursuant to Section 1008-2.006 shall, unless
otherwise provided in such resolution, not apply
to the following types of facilities:
(1) Any county or municipal facilities or
equipment installed under the supervision and to
the satisfaction of the county's public works
director;
(2) Poles or electroliers used exclusively for
street lighting;
(3) Overhead wires (exclusive of supporting
structures) crossing any portion of a district
within which overhead wires have been
prohibited, or connecting to buildings on the
perimeter of a district, when such wires originate
in an area from which poles, overhead wires and
assocIated overhead structures are not
prohibited;
(4) Poles, overhead wires and associated
overhead structures used for the transmission of
electric energy at nominal voltages in excess of
thirty-four thousand five hundred volts;
476
UNDERGROUND UTILITY DISTRICTS
(5) Overhead wires attached to the exterior
surface of a building by means of a bracket or
other fixture and extending from one location
on the building to another location on the same
building or to an adjacent building without
crossing any public street;
(6) Antennae, associated equipment and
supporting structures, used by a utility for
furnishing communication services;
(7) Equipment appurtenant to underground
facilities, such as surface mounted transformers,
pedestal mounted terminal boxes and meter
cabinets, and concealed ducts;
(8) Temporary poles, overhead wires and
associated overhead structures used or to be
used in conjunction with construction projects.
(Ord. 68-1 0 ~ 2 (part), 1968: prior code ~
7806).
1008-2.014 Notices to affected persons.
Within ten days after the effective date of a
resolution adopted pursuant to Section
1008-2.006, the clerk of the board shall notify
all affected utilities and all persons owning real
property within the district created by the
resolution of the adoption thereof. The clerk
shall further notify such affected property
owners of the necessity that, if they or any
person occupying such property desire to
continue to receive electric, communication, or
similar or associated service, they or such
occupant shall provide all necessary facility
changes on their premises so as to receive such
service from the lines of the supplying utility or
utilities at a new location, subject to applicable
rules, regulations and tariffs of the respective
utility or utilities on file with the commission.
Notification by the clerk of the board shall be
made by mailing a copy of the resolution
adopted pursuant to Section 1008-2.006,
together with a copy of this chapter, to affected
property owners as such are shown on the last
equalized assessment roll and to the affected
utilities. (Ord. 68-10 ~ 2 (part), 1968: prior
code ~ 7807).
1008-2.016 Responsibility of utility
companies. If underground construction is
necessary to provide utility service within a
district created by any resolution adopted
pursuant to Section 1008-2.006, the supplying
utility shall furnish that portion of the conduits,
conductors and associated equipment required
to be furnished by it under its applicable rules,
1008-2.014-1008-2.018
regulations and tariffs on file with the
Commission. (Ord. 68-1 0 ~ 2 (part), 1968: prior
code ~ 7808).
1008-2.018 Responsibility of property
owners - Notice issuance. (a) Every person
owning, operating, leasing, occupying or renting
a building or structure within a district shall
perform construction and provide that portion
of the service connection on his property
between the facilities referred to in Section
1008-2.016 and the termination facility on or
within the building or structure being served, all
in accordance with applicable rules, regulations
and tariffs of the respective utility or utilities on
file with the Commission.
(b) In the event any person owning,
operating, leasing, occupying or renting the
property does not comply with the provisions of
subsection (a) within the time provided for in
the resolution enacted pursuant to Section
1008-2.006, the public works director shall post
written notice on the property being served and
thirty days thereafter shall have the authority to
order the disconnection and removal of any and
all overhead service wires and associated
facilities supplying utility service to the
property.
(c) If the action required in subsection (a) is
not accomplished by any person within the time
provided for in the resolution enacted pursuant
to Section 1008-2.006, the public works
director, as an alternative to subsection (b), may
give notice in writing to the person in possession
of such premises, and a notice in writing to the
owner thereof as shown on the last equalized
assessment roll, to provide the required
underground facilities within ten days after
receipt of such notice.
(1) The notice to provide the required
underground facilities may be given either by
personal selvice or by mail. In case of service by
mail on either of such persons, the notice must
be deposited in the United States mail in a
sealed envelope with postage prepaid, addressed
to the person in possession of such premises at
such premises, and the notice must be addressed
to the owner thereof as such owner's name
appears, and must be addressed to such owner's
last known address as the same appears on the
last equalized assessment roll, and when no
address appears, to General Delivery, city or
town of . . . . . . ... If notice is given by mail,
such notice shall be deemed to have been
477
1008- 2. 020-1008- 2. 024
PUBLIC WORKS AND FLOOD CONTROL
received by the person to whom it has been sent
within forty-eight hours after the mailing
thereof. If notice is given by mail to either the
owner or occupant of such premises, the public
works director shall, within forty-eight hours
after the mailing thereof, cause a copy thereof,
printed on a card not less than eight inches by
ten inches in size, to be posted in a conspicuous
place on the premises.
(2) The hotice given by the public works
director to provide the required underground
facilities shall particularly specify what work is
required to be done, and shall state that if the
work is not completed within thirty days after
receipt of such notice, the public works director
will provide such required underground
facilities, in which case the cost and expense
thereof will be assessed against the property
benefited and become a lien upon such
property.
(3) If upon the expiration of the thirty day
period, the required underground facilities have
not been provided, the public works director
shall forthwith proceed to do the work. Upon
completion of the work by the public works
director, he shall file a written report with the
board setting forth the fact that the required
underground facilities have been provided and
the cost thereof, together with a legal
description of the property against which such
cost is to be assessed. The board shall thereupon
fix a time and place for hearing protests against
the assessment of the cost of such work upon
such premises, which the time shall not be less
than ten days thereafter.
(4) The public works director shall forthwith,
upon the time for hearing such protests having
been fixed, give a notice in writing to the person
in possession of such premises, and a notice in
writing thereof to the owner thereof in the
manner hereinabove provided for the giving of
the notice to provide the required underground
facilities, of the time and place that the board
will pass upon such report and will hear protests
against such assessment. Such notice shall also
set forth the amount of the proposed
assessment.
(5) Upon the date and hour set for the
hearing of protests, the board shall hear and
consider. the report and all protests, if there be
any, and then proceed to affirm, modify or
reject the assessment.
(6) If any assessment is not paid within five
days after its confirmation by the board, the
amount of the assessment shall become a lien
upon the property against which the assessment
is made by the public works director, and the
public works director is directed to turn over to
the assessor and tax collector a notice of lien on
each of the properties on which the assessment
has not been paid, and the assessor and tax
collector shall add the amount of the assessment
to the next regular bill for taxes levied against
the premises upon which the assessment was not
paid. The assessment shall be due and payable at
the same time as the property taxes are due and
payable, and if not paid when due and payable,
shall bear interest at the rate of six percent per
year. (Ord. 68-10 @ 2 (part), 1968: prior code @
7809).
1008-2.020 Responsibility of county. The
county shall remove at its own expense all
county owned equipment from all poles
required to be removed hereunder in ample time
to enable the owner or user of such poles to
remove the same within the time specified in the
resolution enacted pursuant to Section
1008- 2.006. (Ord. 68-10 @ 2 (part), 1968: prior
code @ 7810).
1008-2.022 Time extension. In the event
that any act required by this chapter or by a
resolution adopted pursuant to Section
1008-2.006 cannot be performed within the
time provided on account of shortage of
materials, war, restraint by public authorities,
strikes, labor disturbances, civil disobedience, or
any other circumstances beyond the control of
the actor, then the time within which such act
will be accomplished shall be extended for a
period equivalent to the time of such limitation.
(Ord. 68-10 @ 2 (part), 1968: prior code @
7811 ).
1008~2.024 Violation Penalty. Any
violation of this chapter by any person, firm,
corporation, partnership, association, or any
combination of these acting together shall be a
misdemeanor punishable pursuant to the
provisions of Section 14-8.004. (Ord. 68-10 @ 2
(part), 1968: prior code @ 7812).
478
Division 1010
DRAINAGE*
Chapters:
1010-2
101 0-4
101 0-6
General
Permi ts
Security
Chapter 1010-2
GENERAL**
Sections:
1010-2.002
1010-2.004
Acts requiring permits.
Violations- Notice~ Abate-
ment.
Emergency work
authorization.
Appeal to board of
adjustment.
Conditions required for
permit granting.
Administration.
1010-2.006
1010-2.008
1010-2.010
1010-2.012
1010-2.002 Acts requmng permits. No
person, rtrm, corporation, municipality, or
public district shall commit or cause to be
committed any of the acts hereinafter described,
unless a written permit has first been obtained
from the enforcing officer or his duly appointed
representative:
(1) Impair or impede the natural flow of
storm waters, or other water running in a
defined channel, natural or man-made, or cause
or permit the obstruction of such channel;
(2) Deposit any material in such channel;
(3) Alter the surface of land so as to reduce
the capacity of su<;h channel;
(4) Construct, alter, or repair any storm
water drainage structure, facility, or channel
without first obtaining a permit therefor, as
herein provided;
(5) Commit any act, within any easement
dedicated for drainage purposes, that will impair
the use of such easement for such purposes.
(Prior code ~ 7600: Ord. 1447).
*For subdivision provisions, see Ch. 914-2, this code.
For other drainage provisions, see Sections 716-8.602 -
716-8.614, this code.
**For board of adjustment, see Ch. 26-2, this code.
For grading provisions, see Div. 716, this code.
GENERAL
1010-2.002-1010-2.008
1010-2.004 Violations Notice
Abatement. (a) Notice of violation: In the event
of a violation of this division, and in addition to
other penalties provided in this code, the
enforcing officer may send a written notice to
the owner of the property on which the
violation occurred at the address of the owner as
it appears on the assessment roll of this county.
The notice shall state the nature of the violation,
that the owner is required to abate the condition
constituting the violation within ten days after
the notice is received, and that if the owner fails
to abate the condition within that period, the
condition may be abated by the enforcing
officer and the owner shall be liable to the
county for the cost thereof.
(b) Abatement by county: If the condition is
not abated by the owner in accordance with the
notice, the enforcing officer may abate the
condition and shall charge the owner for the
cost thereof. If this charge is not paid within
sixty days, the amount of the charge, plus
accrued interest at the rate of six percent per
year from the date of the charge, shall be added
to the next regular tax bill sent to the owner by
this county and shall be collected in the manner
fixed by law for the collection of taxes, or in the
alternative, recovery therefor may be had
through civil action.
(c) Emergency abatement: If the enforcing
officer finds that a violation has created an
emergency condition endangering the public
health or safety, he may abate the condition in
accordance with subsection (b) without giving
the notice required by subsection (a). (Prior
code ~ 7601: Ord. 1447).
1010-2.006 Emergency work authorization.
This division shall not prevent any person from
performing emergency maintenance or work
within, on, over, under, or through any
water-course, channel, ditch, conduit, or natural
drainage way , as necessary and proper for the
preservation of life or property when an urgent
necessity arises. The person performing the
emergency work shall apply for a written permit
within ten calendar days of the beginning of
work. (Prior code ~ 7602: Ord. 1447).
1010-2.008 Appeal to board of adjustment.
Any person aggrieved by the refusal or the terms
of a permit required by this division may appeal
to the board of adjustment. Administration of
this section is referred to the board of
479
101 0-2.010-1010-4.008
PUBLIC WORKS AND FLOOD CONTROL
adjustment under Chapter 26-2. (Prior code ~
7603: Ord. 1447).
1010-2.010 Conditions required for permit
granting. If, in addition to the requirements of
the Chapter 26-2, the board of adjustment finds
all of the following to be true, the permit shall
be granted:
(1) That the applicant will be substantially
damaged by the refusal to grant the permit;
(2) That no other reasonable method of
obtaining the desired results is available except
as proposed by the applicant;
(3) That the granting of the permit will not
be materially detrimental to the public interest,
safety, health, and welfare, or injurious to other
property. (Prior code ~ 7604: Ord. 1447).
1010-2.012 Administration. The Contra
Costa County flood control and water
conservation . district is charged with the
responsibility for the administration of the
provisions of this division, and shall appoint or
delegate any or all of its authority to qualified
persons for the purpose of the administration of
this division. (Prior code ~ 7605: Ord. 1447).
Sections:
1010-4.002
1010-4.004
1010-4.006
1010-4.008
1010-4.010
1010-4.012
1010-4.014
1010-4.016
1010-4.018
1010-4.020
1010-4.022
Chapter 1010-4
PERMITS*
Issuance.
Application - Form.
Application -Exhibits.
Consent of persons affected.
Types designated.
Term-Beginning of work.
Term -Completion of work.
Unsatisfactory work-
Correction by county-
Costs.
Changes in character of
authorized work.
Transfer.
Fees.
1010-4.002 Issuance. The written permits
required by this division shall be issued by the
enforcing officer or his lawful appointee, for any
lawful use, subject to conditions set forth in this
*For security provisions, see Section 1010-6.002, this code.
division and as required by law. The issuance of
a permit shall in no manner whatsoever imply or
impute a responsibility or liability to the
county, the Contra Costa County flood control
and water conservation district, or their
employees, for injuries resulting from any act or
condition regulated by this division. (Prior code
~ 7620: Ord. 1447).
1010-4.004 Application Form. The
enforcing officer shall prescribe and provide a
standard form of application for a permit
required by this division and such application,
when duly executed and signed by the enforcing
officer, shall become the permit. The application
form shall state the property owner's name,
together with such details as in the opinion of
the enforcing officer are necessary to establish
the purpose of the act or work to be performed,
the location, dimensions, estimated total cost,
and the dates for commencement and for
completion of the act or work, except that the
enforcing officer at his discretion may establish
the date for completion. The application shall be
executed by the property owner or his duly
appointed agent and deposited with the
enforcing officer. (Prior code ~ 7621: Ord.
1447).
"
"
1010-4,006 Application - Exhibits. The
applicant shall enclose with, include, attach, or
add to the application fora permit a map, plat,
sketch, diagram, or similar exhibit of a size and
in such quantity as the enforcing officer may
prescribe, on which exhibit shall be plainly
shown any and all information of a technical or
engineering nature necessary to locate, delineate,
illustrate, identify, justify, and substantiate the
proposed act or work, and the right and
necessity of the applicant to perform the act or
work. The enforcing officer may require to be
submitted such soil investigation, tests of
materials,.=engineering plans and investigations,
and technical reports as he may deem necessary
and proper. If necessary, changes, correction,
and notes may be made on any such exhibit and
these items shall become an integral part of the
permit when attested to by the enforcing
officer. (Prior code ~ 7622: Ord. 1447).
1010-4.008 Consent of persons affected.
The applicant shall enclose with, attach, or add
to the application for a permit the written
consent and waiver of liability given by any and
480
all persons or bodies politic having jurisdiction,
who of themselves or their property would be
affected in any manner by the acts or works, to
be performed. (Prior code ~ 7623: Ord. 1447).
1010-4.010 Types designated. Written
permits required by this division shall be one of
the following types, depending on the decision
of the enforcing officer:
(1) "Regular permits" to do work under the
provisions of tHis division shall be issued for the
performance of those acts or works permitted
by this division.
(2) "Conditional permits" shall be issued
when such conditions or circumstances exist or
will foreseeably occur which could in any
manner be adverse to the performance of the
acts or works or be adverse to the purpose for
which the acts or works are to be performed.
Such conditions or circumstances shall be
specifically set forth upon the application for
permit or shall be attached thereto and shall be
considered incorporated in the permit.
(3) "Emergency permits" shall be issued for
reasons necessitating emergency action as set out
in Section 1010-2.006. (Prior code ~ 7624: Ord.
1447).
1010-4.012 Term - Beginning of work. The
permittee shall begin the act or work authorized
by a permit issued pursuant to this division
within thirty calendar days from date of
issuance, unless another date is specifically
indicated in the permit, and the permittee shall
notify the enforcing officer at least forty-eight
hours prior to beginning work. Should the act or
work not be commenced on or before the date
indicated in the permit, then the permit shall
become void unless, prior to the date of
expiration, the permittee presents good and
sufficient reason for an extension of time and
the date is extended by the enforcing officer in
writing. A permit which has become void by
reason of noncommencement of work prior to
the stipulated date may be renewed at the
discretion of the enforcing officer and upon
payment of a renewal fee as provided for in the
schedule of fees adopted by the board of
supervisors. (Prior code ~ 7625: Ord. 1447).
1010-4.014 Term - Completion of work.
The permittee shall complete the act or work
authorized by a permit issued pursuant to this
division within the time and before the date
PERMITS
1010-4.010-1010-4.020
stipulated in the permit. The permittee shall
notify the enforcing officer in writing upon
completion of any act or work, and no work
shall be deemed to have been completed until
such written notification has been received. A
fmal inspection of the work shall be made by a
representative of the enforcing officer, unless
such inspection is waived by the enforcing
officer, and no permittee shall be deemed to
have complied with this division until such
inspection has been performed. (Prior code ~
7626: Ord. 1447).
1010-4.016 Unsatisfactory work
Correction by county - Costs. Should the work
described in a permit be performed in such a
manner as to be deemed unsatisfactory and/or
unacceptable by the enforcing officer, then the
work shall be reconstructed by the permittee to
the satisfaction of the enforcing officer.
Should the enforcing officer deem that delay
in pursuit or completion of the act or work be
due to lack of diligence or willful act on the part
of the permittee, or should the work performed
be deemed unsatisfactory and/or unacceptable;
then, if essential to the health, safety, or welfare
of the general public, the enforcing officer shall
request the board of supervisors for
authorization to contract with any licensed
general contractor to complete, erect, install,
reconstruct, or alter all structures or work in
conformance with approved plans and
specifications, or to remove all structures and
obliterate all work not completed. The costs
incurred thereby shall be repaid to the county
by the deduction of such costs from the cash or
surety bond deposited by the permittee with the
county for the performance of the work;
provided, further, that should such costs exceed
the total of the cash deposit or surety bond of
the permittee, then any and all additional costs
shall become a lien against the permittee's
property, real and otherwise. (Prior code @
7627: Ord. 1447).
1010-4.018 Changes in character of
authorized work. No changes shall be made in
the location, dimensions, materials, or character
of the work authorized in a permit, except upon
written authorization to do so by the enforcing
officer. (Prior code @ 7628: Ord. 1447).
1010-4.020 Transfer. A permit issued
pursuant to this division shall not be transferable
481
(Contra Costa County 9-15-79)
1010-4.022-1010-6.002
PUBLIC WORKS AND FLOOD CONTROL
by, for, or on behalf of the person, his heirs,
assigns, or successors, to whom the permit
issued. (Prior code ~ 7629: Ord. 1447).
1010-4.022 Fees. The fees for permits for
the performance of acts or works under this
division shall be those recommended by the
enforcing officer and established and adopted by
the board of supervisors from time to time by
resolution. Before a permit is issued, the
applicant shall deposit with the enforcing
officer, for payment to the county treasurer,
cash or check in sufficient sum to cover the fee
for issuance of the permit, in accordance with
schedules established and adopted by the board
of supervisors. No fee shall be required for
municipalities or public districts. (Prior code ~
7630: Ord. 1447).
Chapter 1010-6
SECURITY
Sections:
1010-6.002
Cash deposit or bond
req uired.
1010-6.002 Cash deposit or bond required.
Prior to the issuance of a permit the applicant
shall deposit with the enforcing officer cash or
check for payment to the county treasurer in an
amount deemed adequate by the enforcing
officer but not exceeding the estimated total
cost, including all labor and materials, of the
work to be performed; except that such deposit
may be waived by the enforcing officer. In lieu
of a cash deposit, the applicant may file an
approved surety bond issued by a company or
corporation authorized to engage in general
surety business in the state of California. The
conditions of any cash deposit or surety bond
made pursuant to this section shall be that the
permittee will diligently and in good faith
comply with all provisions of this division, with
all terms and conditions contained in the permit
issued him, and will pursue the work to
completion without undue delay except for
reasonable cause. Upon satisfactory and
acceptable completion of the work as set forth
in Section 1010-4.016, the cash deposit shall be
refunded to the permittee or the permittee shall
be exonerated from his surety bond by the
enforcing officer in writing upon the expiration
(Contra Costa County 9-15-79)
of ninety days. The enforcing officer shall not
be responsible to ascertain whether there exist
unsatisfied liens against the premises upon which
the work was performed. (Prior code ~ 7631:
Ord. 1447).
Division 1012
COUNTY SERVICE AREA CHARGES
Chapters:
1012-2 General provisions
10 12-4 Street Lighting service charge
imposed
Chapter 1012-2
GENERAL PROVISIONS
Article 1012-2.2 General
Sections:
1012-2.202 Purpose.
1012-2.204 Use of revenue.
Article 1012-2.4 Defmitions.
Sections:
1012-2.402 General.
1012-2.404 County service area.
1012-2.406 Miscellaneous extended
service.
1012-2.408 Service charge.
Article 1012-2.6 Procedures.
Sections:
1012-2.602 Tentative report.
1012-2.604 Contents.
1012-2.606 Computation of service charge.
1012-2.608 Notice of hearing.
1012-2.610 Hearing.
1012-2.612 Final report and levy.
1012-2.614 Collection of charge.
1012-2.616 Applicable laws.
1012-2.618 Deadlines do not invalidate.
482
Article 1012-2.2
GENERAL
1012-2.202 Purpose. This division effec-
tuates the County Service Area Law
(Government Code Sections 25210.1 and
following) including future amendments thereto,
and constitutes the ordinance referred to in
Section 2521O.77a therein. (Ord. 79042).
, 1012-2.204 Use of revenue. Revenues from
service charges shall be used only to pay for the
cost of miscellaneous extended services. (Ord.
79-42).
Article 10 12-2.4
DEFINITIONS
1012-2.402 General. Unless otherwise speci-
fically provided, or required by the context,
the following terms have these meanings in
this division. (Ord. 7.9-42).
1012-2.404 County service area. "County
service area" means a present or future service
area formed pursuant to Government Code
Sections 25210.1 ff. (Ord. 79-42).
1012-2.406 Miscellaneous extended service.
"Miscellaneous extended service" means those
services enumerated and described in Govern-
ment Code Section 2521O.4a, including future
amendments thereto, which are or will be
provided in a county service area pursuant to
this division. (Ord. 79-42).
1012-2.408 Service charge. "Service charge"
means a charge imposed pursuant to this chapter
on property located within a county service
area to pay for the cost of miscellaneous
extended service(s) therein for a fiscal year.
(Ord. 79-42).
Article 1012-2.6
Procedures.
1012-2.602 Tentative report. The public
works director shall prepare a tentative report
for each fiscal year for which a service charge
is to be imposed, and shall file it with the clerk
of the board of supervisors. (Ord. 79-42).
GENERAL PROVISIONS
1012-2.202-1012.2.612
1012-2.604 Contents. The tentative report
shall contain a description of each parcel of real
property receiving the miscellaneous extended
service, the basic service charge for each county
service area subject to a service charge hereunder,
and the estimated amount of the service charge
for each parcel for such year. (Ord. 79-42).
1012-2.606 Computation of service charge.
The public works director shall compute and
apportion the service charge by any formulas
or methods which fairly distribute the service
charge among all subject parcels in proportion
to the estimated benefits they will receive from
the miscellaneous extended service.
1012-2.608 Notice of hearing. (a) By Clerk.
Upon filing of the tentative report, the clerk
of the board shall fix a time, date, and place for
a board. hearing thereon and for filing objections
or protests thereto, and shall publish notice
thereof as provided in Government Code Section
6066.
(b) By Public Works Director. In addition,
whenever the service charge is to be imposed on
a parcel for the first time, the public works
director shall mail such notice (at least ten
days beforehand) to those persons whose names
and addresses appear on the current county
assessment roll.
(c) Contents. The public works director's
notice shall state that the ~estimated service
charge set forth in the tentative report may be
changed upon subdivision of parcels or upon
change in the class of use of parcels within the
county service area. (Ord. 79-42).
1012-2.610 Hearing. The board shall hear
the matter as scheduled, or as postponed or
continued for good cause, and consider any
objections or protests to the tentative report.
The board of supervisors may then adopt,
revise, change, reduce, increase, or modify any
estimated service charge, and shall make its
determination upon each estimated service
charge as described in the tentative report and,
thereafter, by resolution, may confirm the
tentative report. Such confirming resolution
shall be adopted no later than July 1 st of the
fiscal year during which the service charge is
to be collected. (Ord. 79-42).
1012-2.612 Final report and levy. There-
after, the public works director may revise the
482-1
(Contra Costa County 9-15-79)
] 012-2.614-1012-4.004
PUBLIC WORKS AND FLOOD CONTROL
tentative report to conform to the official
assessment roll for the fiscal year in which the
service charge is to be collected, and such revised
(or unrevised, if no revision is necessary) report
is the final report. Any change to an estimated
basic service charge or estimated service charge
may be based only on changes of ownership,
changes of address, the subdivision of an existing
parcel, and changes in the class of use of a
parcel. Within thirty days after the assessment
roll is delivered to the auditor, but no later tha.n
July 15 th the final report shall. be presented to
the board, which may, by resolution, confIrm
said report as presented or modified; the resolu-
tion constitutes the levy of the service charge
for the fIscal year referred to in the fInal report.
The resolution shall be adopted no later than
August 10th, ()f the fiscal year in which the
service charge is to be collected. The c1erkshall
immediately file certified copies of the final
report and confirming resolution with the
<iuditor. (Ord. 79-42).
1012-2.614 Collection of charge. The
service charge for each parcel set forth in the
final report shall appear as a separate item on
t he tax bilL The service charge may be collected
(: t the same time and in the same manner as
ordinaryqounty ad valorem property taxes are
<.Ollected, and shall be subject to the same
f,enalties and the same procedure and sale in
(ase of delinquen~y as provided for such taxes.
(Ord. 79-42).
1012-2.616 Applicable laws. All laws
applicable to the levy, collection and enforce-
ment of county ad valorem property" taxes shall
be applicable to such service charge, except that
if the real property to which the service charge
relates has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a:
bona fide encumbrancer for value has been
created and attaches thereon, before the date on
which the first installment of such taxes would
become delinquent, then the service charge con-
firmed pursuant to this division shall not result
in a lien against such real property but instead
shall be transferred to the unsecured roll for
collection. (Ord. 79-42;.
1012-2.618 Deadlines do not invalidate.
Failure to meet the time limits set forth in
Sections 1012-2.610 or 1012-2.612, because of
changes in state law which affect the procedures
(Contra Costa County 9-15-79)
for equalizing the assessment roll, shall not
invalidate any service charge imposed under this
division. (Ord. 79-42).
Chapter 1012.4
STREET LIGHTING SERVICE
CHARGE IMPOSED
Sections:
1012-4.002
Charge imposed -Opera tive
date.
Computation of street lighting
service charge.
1012-4.004
1012-4.002 Charge imposed - Operative
date. Street lighting service charges are hereby
assessed and levied upon all parcels located
within every county service area providing street
lighting services on July 1, 1979, and thereafter
for each succeeding fiscal year. Said service
charges shall be adopted pursuant to Chapter
1012.2. (Ord. 79-42).
1012-4.004 Computation of street lighting
service charge. In computing the street lighting
service charge pursuant to Section 1012-2.010,
the public works directormay consider the class
of use being made of the parcel, the intensity
of: lighting use, and the need for lighting as an
anticrime measure. (Ord. 79-42).
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