Section 625.2 - Department's Unauthorized Encroachment Notification, General Information(a) Except as provided in subdivision (e), Section 12899.5 of the Water Code, notice shall be given to the owner, occupant, or person(s) in possession of the encroachment, or to any person(s) causing or permitting the encroachment to exist, by serving a notice including a demand for the immediate removal or abatement of the encroachment from within the Department's right-of-way.(b) The notice shall describe the encroachment with reasonable certainty as to its character and location.(c) In lieu of service upon the person(s), service of the notice may also be made by registered mail and posting for a period of five (5) days, a copy of the notice on the encroachment described in the notice. In the case of an owner, occupant, or person(s) in possession who is not present in the county, the notice may be given to an agent, including a registered agent designated with the California Secretary of State, in lieu of service by mailing and posting.(d) If the respondent(s) fails to respond within the notice period asserting a legal right consistent with Section 12899.8 of the Water Code, the Department may seek judicial enforcement, assess One Thousand Dollars ($1,000.00) for each day that the unauthorized encroachment, use or activity remains after the expiration of the period to respond specified in the notice, and recover the Department's cost of removal or remediation or abatement.Cal. Code Regs. Tit. 23, § 625.2
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 12899.5(b), 12899.5(e), 12899.5(g) and 12899.8, Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).