California Streets and Highways Code

§ 723

SHC § 723 Effective Jan 1, 2004Div. 1 · Ch. 3 · Art. 3

Statute text

If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment, or refuses to remove or permit the removal of the encroachment, the department, in the name of the people of the State of California, may commence, in a court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the department, it may, in addition to having the encroachment adjudged a nuisance and abated, recover three hundred fifty dollars ($350) for each day the encroachment remains after the service of the notice in the manner provided in Section 720, and may also recover its costs and expenses incurred in the action.

Legislative history

Amended by Stats. 2003, Ch. 182, Sec. 2. Effective January 1, 2004.