§ 2715. When supervisors must repair bridge. If the overseer of any road district, chargeable with the repair of a bridge, fails to make the needed repairs, after being informed that a bridge is impassable or unsafe, and is requested to make the same by two or more freeholders of the district in which it is situate, or the two districts which it unites, the freeholders may represent the facts to the board of supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith, or, if deemed necessary, from the general road fund. Legislation § 2715. Enacted by Stats. 1883, p. 17; an amendment of original code § 2728. See ante, Legislation Chapter II, and Legislation Article VII. § 2716. Semi-annual meetings for highway and bridge purposes. The supervisors may appoint, semi-annually, a special meeting, at which the road overseers, on days set apart for their respective districts, must be present; and at such special meetings, so appointed, the supervisors must hear highway and bridge reports and complaints from officers and citizens; after which such orders must be made and such action had regarding the same as the public welfare demands. Legislation § 2716. Enacted by Stats. 1883, p. 17; an amendment of original § 2732. See ante, Legislation Chapter II, and Legislation Article VII. § 2735. If encroachment denied, action for nuisance. $2736. § 2737. Penalty for leaving open gate or riding off the road. § 2738. § 2739. Penalty for injuring mile-stone or guide-post. § 2742. Notice on bridges and penalty for disregarding. § 2743. Recovery and application of penalties and forfeitures. § 2744. Service of notice by publication on non-residents. Legislation Article VIII. 1. Enacted March 12, 1872, the title of the article being the same as at present, and embracing the subjectmatter of the present article, the section numbers being thrown into the present Article IX. The section numbers and titles (with amendments and repeals before 1883) were as follows: § 2743. Removal of encroachments (amended (1) by Code Amdts. 1873-74, p. 128; (2) by Code Amdts. 1880, p. 76); identical with § 2731, post. § 2744. Notice to remove encroachment (preserved post, § 2732). § 2745. Penalty for neglect (substantially same as § 2733, post). § 2746. If encroachment denied, action for nuisance to be brought (amended (1) by Code. Amdts. 1873-74, p. 128; (2) by Code Amdts. 1880, p. 76); substantially same as § 2734, post. § 2747. If encroachment not denied, how removed (amended (1) by Code Amdts. 1873-74, p. 128; (2) by Code Amdts. 1880, p. 76); identical with § 2735, post. § 2748. No gate allowed, except where (preserved in first two sentences of § 2736, post). § 2749. Penalty for leaving open gate or riding off the road (identical with final sentence of § 2736, post). § 2750. Penalty for obstruction or injury (preserved in first two sentences of § 2737, post). § 2751. Penalty for injuring mile-stone and guide-post (identical with first sentence of § 2738, post). § 2752. Removal of fallen trees (identical with § 2739, post). § 2753. Unauthorized felling of trees (preserved post, § 2740). § 2754. Notice on bridges, and penalty for disregarding (amended (1) by Code Amdts. 1873-74, p. 129; (2) by Code Amdts. 1880, p. 76); preserved post, § 2741. § 2755. Destroying shade or ornamental trees (amended (1) by Code Amdts. 1873-74, p. 129; (2) by Code Amdts. 1880, p. 76); preserved post, § 2742. § 2756. Application of penalties (amended by Code Amdts. 1880, p. 76); preserved post, $2743. § 2757. Road laws now in force not affected by code (repealed by Code Amdts. 1880, p. 76). 2. Original code Article VIII repealed by Stats. 1883, p. 5, in repealing the old and substituting a new Chapter II, and a new Article VIII enacted. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX, and compare, generally, the various subdivisions of the chapter. § 2731. Removal of encroachments. If any highway duly laid out or erected is encroached upon the fences, buildings, or otherwise, the road overseer of the district may, orally or in writing, require the encroachment to be removed from the highway. Legislation § 2731. Enacted by Stats. 1883, p. 17; identical with old § 2743. See ante, Legislation Chapter II, and Legislation Article VIII. § 2732. Notice to remove encroachments. Notice must be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence, if he be known to the person giving such notice, and reside in the county, if not, it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroachment, and requiring him to remove the same within ten days. Legislation § 2732. Enacted by Stats. 1883, p. 17; an amendment of original code § 2744. See ante, Legislation Chapter II, and Legislation Article VIII. § 2733. Penalty for neglect. If the encroachment is not removed, or commenced to be removed, and diligently prosecuted prior to the expiration of the ten days from the service or posting the notice, the one who caused, owns, or controls the encroachment forfeits ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the overseer must forthwith remove the same. Legislation § 2733. Enacted by Stats. 1883, p. 18; substantially the same as original code § 2745. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. If the en § 2734. If encroachment denied, action for nuisance. croachment is denied, and the owner, occupant, or person controlling the matter or thing charged with being an encroachment, refuses either to remove or permit the removal thereof, the road overseer must commence in the proper court an action to abate the same as a nuisance; and if he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, and also his costs in said action, Nuisance: 1. Generally: Civ. Code, §§ 3479-3503; Pen. Code, §§ 370–374. Legislation § 2734. Enacted by Stats. 1883, p. 18; substantially the same as original code § 2746. See titles "Legislation," Chapter II and Article VIII, and post, Article IX. § 2735. If encroachment not denied, how removed. If the encroachment is not denied, but is not removed for five days after the notice is complete, the road overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also for each day the same remained after notice was complete, the sum of ten dollars, in an action for that purpose. Legislation § 2735. Enacted by Stats. 1883, p. 18; identical with old § 2747. See titles "Legislation," Chapter II and Article VIII, and post, Article IX. § 2736. Penalty for leaving open gate or riding off the road. No gates must be allowed on any public highway except such as are allowed by the board of supervisors, in accordance with the provisions of subdivision eleven, section two thousand six hundred and forty-three, and when so allowed they must be maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid, the gate must be removed as an obstruction. Any one who leaves open such gate, or willfully and unnecessarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages. Legislation § 2736. Enacted by Stats. 1883, p. 18; amendment of original code §§ 2748, 2749. See titles "Legislation," Chapter II and Article VIII, and post, Article IX. § 2737. Penalty for obstruction or injury. Whoever obstructs or injures any highway, or diverts any watercourse thereon, or drains water from his land upon any highway, to the injury thereof, by means of ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code. Any person, persons, or corporation who shall be storing or distributing water for any purpose, and shall permit the water to overflow or saturate, by seepage, any highway, to the injury thereof, shall, upon notification of the road commissioner of the district where such overflow or seepage occurs, repair the damages occasioned by such overflow or seepage; and should such repair not be made within a reasonable time by such person, persons, or corporation, said road commissioner shall make such repairs, and recover the expense thereof from such person, persons, or corporation, in an action at law. All persons excavating irrigation, mining, or draining ditches across public highways shall be required to bridge said ditches at such crossings, and upon neglect to do so, the road commissioner for that road district shall construct the same and recover the cost of constructing said bridge or bridges of such persons by action, as provided in this section; provided, that the supervisors of any county may construct and maintain bridges over any and all ditches used exclusively for irrigation purposes, and which cross publie highways in the county over which they have authority, and may, with the consent of the owners of such ditches, declare any and all such bridges to be public property, and maintain and keep the same in repair at the expense of such county. And whoever willfully injures any public bridge is hereby declared to be guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the county in a civil action; provided further, that every person who knowingly allows the carcass of any dead animal (which animal belonged to him at the time of its death) to be put or to remain within one hundred feet of any street, alley, public highway, or road in common use, and every person who puts the carcass of any dead animal within one hundred feet of any street, alley, highway, or road in common use, or who shall deposit on any highway any refuse or waste tin, sheet iron or broken glass, is guilty of a misdemeanor. [Amendment approved 1897; Stats. 1897, p. 217.] Legislation § 2737. 1. Enacted by Stats. 1883, p. 18; the first sentence an amendment of original code, § 2750. 2. Amended by Stats. 1897, p. 217. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2738. Penalty for injuring mile-stone or guide-post. Whoever removes or injures any mile-board, or mile-stone, or guide-post, or any inscription on such, erected on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code. It shall be the duty of the board of supervisors to cause guide-posts, with suitable inscriptions thereon, to be erected at all road crossings and forks of roads outside of any corporate limits. Guide-posts, erection of: See ante, § 2643, subd. 6. Legislation § 2738. Enacted by Stats. 1883, p. 19; the first sentence identical with original code § 2751. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2739. Removal of fallen trees. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any highway, to remove such tree or obstruction forthwith. If it is not so removed, the owner or occupant is liable to a penalty of one dollar for every day thereafter till it is removed, and the cost of removal. Legislation § 2739. Enacted by Stats. 1883, p. 19; identical with original code § 2752. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2740. Unauthorized felling of trees. Whoever cuts down a tree so that it falls into any highway, must forthwith remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway. Legislation § 2740. original code § 2753. ticle VIII, and post, Enacted by Stats. 1883, p. 19; an amendment of § 2741. Notice on bridges and penalty for disregarding. [Repealed 1911; Stats. 1911, p. 428.] Fines and penalties: See post, § 2935. Fines and penalties, recovery and disposition of: See post, § 2935. Legislation § 2741. 1. Enacted by Stats. 1883, p. 19; an amendment of old § 2754. 2. Repealed by Stats. 1911, p. 428. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2742. Destroying shade or ornamental trees. Whoever digs up, cuts down, or otherwise maliciously injures or destroys any shade or ornamental tree on any highway, unless the same is deemed an obstruction by the road overseer, and removed under his direction, forfeits one hundred dollars for each such tree. Injuries to highways, etc.: Pen. Code, § 588. Legislation § 2742. Enacted by Stats. 1883, p. 19; an amendment of old § 2755. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2743. Recovery and application of penalties and forfeitures. All penalties or forfeitures given in this chapter, and not otherwise provided for, must be recovered by the road overseer or commissioner of the respective road districts by suit in the name of the county in which said road district is situated, and be paid into the road fund of his district. Legislation § 2743. Enacted by Stats. 1883, p. 19; an amendment of old § 2756. See titles "Legislation," ante, Chapter II and Article VIII, and post, Article IX. § 2744. Service of notice by publication on non-residents. When notice is required to be served upon non-resident landowners under any of the provisions of this act, such notice shall be deemed to have been served by publication, as authorized by the board of supervisors, and for all purposes, non-resident land-owners upon whom personal service cannot be made within the county, shall be treated as non-consenting land-owners. Legislation § 2744. Enacted by Stats. 1883, p. 19. See titles “Legislation," ante, Chapter II and Article VIII, and post, Article IX. |