Title SHC, California Sts. & High. Code

Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code. (Added by Stats. 1994, Ch. 458, Sec. 10. Effective January 1, 1995.)

All money recovered under the provisions of this chapter shall be paid into any fund which is available to the department for highway purposes and is designated by the department to receive such payment. (Enacted by Stats. 1935, Ch. 29.)

The procedure provided in this article is not exclusive and shall not prohibit the department from exercising any other remedy provided by law to prevent damage to or to protect any State highway. (Enacted by Stats. 1935, Ch. 29.)

The statement of the auditor pursuant to Article 1 of this chapter shall be filed with the legislative body. (Added by Stats. 1951, Ch. 463.)

If the legislative body finds the statement of the auditor to be correct upon examination, it shall approve the statement. (Added by Stats. 1951, Ch. 463.)

Upon the approval of the statement of the auditor the legislative body shall adopt a resolution reciting that the statement of the auditor has been approved and is on file with the clerk and that it shows the amount of outstanding bonds and the amount of due and unpaid interest c…

The resolution shall also state the total amount of the outstanding bonds, the amount of the due and unpaid interest coupons, the total amount of unpaid assessments including therein interest and penalties on unpaid installments, if any, the amount of the proposed public contribu…

If the assessment was spread as provided in Section 9102 the resolution shall state that fact. (Added by Stats. 1951, Ch. 463.)

The resolution shall be published once a week for four successive weeks in some newspaper of general circulation in the city. (Added by Stats. 1951, Ch. 463.)

Notwithstanding any other provision of this code, the legislative body of a city may grant upon such terms, limitations, conditions, and restrictions and under such supervision as in its judgment are necessary and proper, franchises, privileges, or licenses for the construction, …

In granting any such franchise, privilege, or license, the legislative body may require the grantee thereof to pay an annual fee either in a flat amount or a percentage of the gross receipts derived from the operation of such toll ferry. (Added by Stats. 1963, Ch. 658.)

The provisions of this article do not relieve the operator of a toll ferry from obtaining and maintaining a current and valid certificate of public convenience and necessity from the Public Utilities Commission when such certificate is otherwise required. (Added by Stats. 1963, C…

As used in this article: “Mapped highway” means a highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact location on the ground which the highway is to occupy can be ascertained. “Map” includes plat. “Owner” includes any person…

Whenever the department has laid out and surveyed a proposed state highway in any county or city it shall prepare a map of such highway sufficient to show the location of such highway on each parcel of land to be traversed or otherwise occupied by the highway when constructed. (A…

The department shall transmit a copy of such map insofar as it relates to the land within a county to the planning commission of the county. The planning commission of such county shall thereafter prepare a precise plan showing such planned right-of-way in conformity with Section…

The department shall transmit a copy of such map, insofar as it relates to the land within a city, to the planning commission of the city or, if the city has not created a planning commission, to the governing body of the city. The planning commission of such city or, if the city…

A copy of the precised plan shall be filed with the agency of the county charged with the duty of issuing building permits for buildings in unincorporated areas in the county, or, if no such agency exists in the county, with the county surveyor. (Added by Stats. 1947, Ch. 1451.)

No person shall hereafter erect any building or structure, other than a temporary structure costing less than five hundred dollars ($500) without a permit to do so. If no other agency is charged with the duty of issuing such permits the county surveyor shall have such duty. (Adde…

Prior to issuing a building permit the officer whose function is to issue such permits shall examine the precised plan and if he finds that the building or structure proposed to be erected will lie within the boundaries of the mapped highway he shall grant the permit if the cost …

Any person aggrieved by the refusal of a building permit under this article may request a hearing on the matter by an appeals board. Except as hereinafter provided the governing body of the county is the appeals board for the county. If the governing body of any county determines…

The appeals board shall grant the permit if any of the following are true: (a) That the property of which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit. (b) That the property wil…

The appeals board shall not grant the permit if any of the following are true: (a) That the owner of the land will not be substantially damaged by locating the proposed structure on his land outside of the lines of the mapped highway. (b) That, balancing the interests of the publ…

Nothing in this article shall be deemed a condition precedent to the acquisition of rights of way by purchase or by proceedings in eminent domain. (Added by Stats. 1947, Ch. 1451.)

Nothing in this article shall be construed to restrict the right of any person to seek declaratory relief pursuant to Section 1060 of the Code of Civil Procedure or to avail himself of any other legal or equitable remedy applicable to his particular case. (Added by Stats. 1947, C…

The assessor, in assessing any property affected by the provisions of this article, shall take into consideration any impairment of the use of the property which lessens its actual value resulting from the establishment of the location of the highway. (Added by Stats. 1947, Ch. 1…

If any provision of this article, or the application thereof to any person, or circumstance, is held invalid, the remainder of this article, and the application of such provision to other persons or circumstances shall not be affected thereby. (Added by Stats. 1947, Ch. 1451.)

The Legislature hereby finds and declares that: (a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway should be controlled in order to promote the safety and recreational value of public travel, to protect the public inves…

As used in this article: (a) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. (b) “Automobile grav…

“Nonconforming junkyard” means either of the following: (a) A junkyard lawfully in existence on October 6, 1966, but which does not conform to the requirements of this article. (b) A junkyard which is lawfully in existence at any time but later fails to comply with the requiremen…

Nonconforming junkyards may continue in existence as long as they are not extended, enlarged, or changed in use, and are otherwise lawfully maintained. If the location of a nonconforming junkyard is changed for any reason, it ceases to be nonconforming and shall be treated as a n…

An illegal junkyard is one which is either: (a) Established or is maintained in violation of this article and does not come within the definition of a “nonconforming junkyard,” as defined in Section 746.1. (b) A junkyard which becomes visible due to inadequate maintenance of scre…

Except as hereafter provided, no junkyard shall be established, operated, or maintained if any portion of the junkyard is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of any interstate or primary highway and is not located in an…

Sanitary landfills need not be screened to satisfy the requirements of this article but landscaping shall be required when the fill has been completed and operations have ceased, unless the landfill area is to be used for immediate development purposes. (Added by Stats. 1977, Ch.…

(a) Any nonconforming junkyard, as soon as the maximum federal share under Section 136 of Title 23, United States Code, is available for that purpose, shall be removed from sight of interstate or primary highways by any of the following methods to whatever extent is required, so …

The department may also screen any junkyards located within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway and located within an industrial zone if the director finds that such screening is necessary or desirable to achieve the purposes set…

The department is authorized to acquire such interests in real and personal property as may be necessary to effect the screening, recycling, relocation, removal, or disposal of junkyards required by the provisions of this article. (Amended by Stats. 1977, Ch. 919.)

The Legislature hereby declares that the acquisition of interests in real and personal property to effect the screening, relocation, removal, or disposal of junkyards provided for in Section 751 constitutes a public use and purpose. (Amended by Stats. 1977, Ch. 919.)

If federal law should be interpreted as requiring the states to pay just compensation with regard to the relocation, removal, or disposal of junkyards, just compensation shall be paid by the department to the owners of nonconforming junkyards which must be relocated, removed, or …

The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes: (a) Costs of administering the provisions of this article. (b) Costs of maintaining only that screening which is located on state righ…

Any junkyard which is established or maintained in violation of the provisions of this article or the regulations prescribed thereunder is a public nuisance and may be removed or otherwise disposed of by any public employee or entity. (Amended by Stats. 1977, Ch. 919.)

The director may screen, relocate, remove or dispose of any illegal junkyard after 30 days’ written notice posted on such property and a copy forwarded by mail to the owner of such junkyard at his last-known address. The department shall have an action to recover the expense of s…

Every illegal junkyard is a public nuisance and every person, as principal, agent or employee, violating any of the provisions of this article or the regulations prescribed thereunder is guilty of a misdemeanor. (Amended by Stats. 1977, Ch. 919.)

The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law. (Amended by Stats. 1977, Ch. 919.)

The director may enter into agreements with the Secretary of Transportation of the United States and accept any allotment of funds as provided by Section 136 of Title 23 of the United States Code. (Amended by Stats. 1970, Ch. 990.)

The director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal, or disposal of junkyards as provided in this article consistent with the provisions of Section 136 of Title 23 of the United States Code and the national standards pr…

It is declared to be the intent of the Legislature in enacting this article to establish minimum standards with respect to the regulation of outdoor junkyards. The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use…