The department may immediately remove from any state highway any encroachment that:

(a) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of the notice.

Terms Used In California Streets and Highways Code 721

  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • Encroachment: includes any tower, pole, pole line, pipe, pipe line, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in this section, or special event, which is in, under, or over any portion of the highway. See California Streets and Highways Code 660
  • Highway: includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is actually used for highway purposes. See California Streets and Highways Code 660

(b) Obstructs or prevents the use of the highway by the public.

(c) Consists of refuse.

(d) Is an advertising sign of any description, unless excepted by Section 670.

(Amended by Stats. 2014, Ch. 345, Sec. 10. (AB 2752) Effective January 1, 2015.)