DATE: August 18, 2020
TO: Board of Supervisors
SUBMITTED BY: Steven E. White
Department of Public Works and Planning
SUBJECT: Policy on Encroachments in the County Right-of-Way
RECOMMENDED ACTION(S):
TITLE
Consider and approve Resolution adopting a Countywide Policy addressing Encroachments in the County Right-of-Way and making certain delegations of authority relative to Encroachments to the Director of Public Works and Planning, or designee.
REPORT
Approval of the recommended action will memorialize and standardize the methodology and steps the Department of Public Works and Planning ("Department") will take when dealing with encroachments in the County Right-of-Way ("ROW"). This item is countywide.
ALTERNATIVE ACTION(S):
Your Board may reject the proposed policy document or request modifications to the proposed policy document and direct staff to return to the Board with a final policy that incorporates your Board's direction.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. All costs associated with this matter are funded through the Road Fund, Org 4510, or through user fees, which are addressed in the proposed policy document. Staff intends to return to your Board with proposed fees prior to the effective date of the policy document.
DISCUSSION:
Physical encroachments by adjoining or underlying property owners sometimes exist in the County's ROW's. Some of these encroachments are benign, not constituting an obstruction of the roadway or a safety hazard, but nevertheless benefitting the property owner. However, some of these encroachments do obstruct the ROW or constitute a safety hazard. When Department staff becomes aware of encroachments that may constitute a safety hazard, staff takes appropriate action to address or abate the encroachment.
On April 28, 2020, your Board directed Staff to work with County Counsel and to return to your Board with a proposed policy to address encroachments on a countywid...
Click here for full text