Can Section 1484 of the California Civil Code be used to remove or abate a nuisance?

We do not believe that section 1484 can be given such a narrow construction. Section 1484 authorized the road commissioner to remove an encroachment as a nuisance. Reading this section with section 3479 of the Civil Code, which defines a nuisance as anything which unlawfully obstructs the free passage of any county highway, and section 3494 of the Civil Code, which states that a public nuisance may be abated by any officer authorized by law, it would seem that once the encroachment permit was revoked the encroachment would become a nuisance which the road commissioner could seek to have abated. Furthermore, we believe that the trial court correctly concluded that 'a board of supervisors does not have power to authorize the use of roads or streets for private purposes, except where the use is temporary.' The pump island involved in the instant case was not a temporary obstruction, and except where the use is temporary a subordinate legislative body would have no power to permit a private owner to use the street for business purposes. Strong v. Sullivan, 180 Cal. 331, 181 P. 59, 4 A.L.R. 343.