Camarillo Municipal Code Ch. 13.04 Encroachment Permits

This chapter is known and may be cited as the "encroachment ordinance." The provisions of this chapter shall operate as a supplement to all applicable California Code sections concerning encroachments on city highways. In the event of conflicting provisions the most restrictive shall prevail.

(Ord. 663 § 2 (part), 1988.)

The following words and phrases apply in this chapter:

"Actual cost" means the amount determined by applying the provisions of the encroachment fee resolution as adopted by the city council.

"Applicant" means any person or legal entity who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

"Base course" means that portion of the highway structural section located between the pavement and the native soil.

"Department" means the Public Works Department of the city of Camarillo.

"Driveway" means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

"Encroachment" means any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, drop-off box for mail and/or packages, stand or building, or any structure or object of any kind not particularly mentioned in this chapter which is placed on, in, along, under, over or across the highway. "Encroachment" does not include the temporary use of the highway for roll-off services as defined in Section 9.04.020; the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; or the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes.

"Encroachment work" means the work of constructing, placing or installing an encroachment in a right-of-way.

"Engineer" means the city engineer or the engineer's designee.

"Excavation" means any opening in the surface of a public place made in any manner, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. The term also includes any excavation on private property, which removes or imperils lateral support of a public place.

"Height" means that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.

"Highway" means any public highway, public street, public way or public place in the incorporated territory of the city, either owned by the city or dedicated to the public for the purpose of travel. "Highway" includes any part of the entire width of a right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

"Load" means any object or thing which, when transported by a vehicle or combination of vehicles over, upon, along or across any highway, would be required to have a special permit in accordance with provisions of the Vehicle Code and includes, but is not limited to, any house, vessel, machine, missile, equipment, transformer, tree, girder, boat or airplane.

"Moving contractor" means any person who for himself or herself or for another moves or causes to be moved any load over, upon, along or across any highway.

"Native soil" means the compacted native material.

"Overhead structure" means any structure, other than franchise utility poles and their facilities, extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in the building code.

"Pavement" means the surfaced portion of the highway structural section, which is composed of various size aggregates mixed with portland cement or asphaltic compounds.

"Permittee" means any person or legal entity who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the department pursuant to the provisions of this chapter.

"Public" means any person as defined in this chapter other than the city road maintenance division and includes the United States and the state of California.

"Public works director" means the director of the city's public work department or the director's designee.

"Right-of-way" means any land or property interest which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for or dedicated to the city for use of the general public.

"Section" means a section of this code unless some other ordinance or statute is expressly cited.

"Vehicle" means a vehicle or combination of vehicles as described in the Vehicle Code, which:

Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or is so laden that it is required to have such special permit.

"Vehicle Code" means the California Vehicle Code as it may be amended.

"Width" means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or a portion of it is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved.

(Ord. 1020 § 1, 2008: Ord. 742 § 1, 1991; Ord. 663 § 2 (part), 1988.)

Unless the provisions or the context otherwise require, these general provisions, rules of construction, and definitions shall govern the construction of this chapter.

(Ord. 663 § 2 (part), 1988.)

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. Work performed by any person under contract with or at the request of the city is exempt from the fee and bond requirements of this chapter.

(Ord. 663 § 2 (part), 1988.)

Any time the masculine "he" or "him" are used they are deemed to include the feminine "she" or "her."

(Ord. 663 § 2 (part), 1988.)

Every person except as otherwise provided in this chapter shall obtain a permit from the engineer before he:

A. Moves or causes to be moved on, over, along or across any highway, any load or vehicle as defined in Section 13.04.010 above;

B. Makes or causes to be made any excavation or encroachment in any highway;

C. Places, changes or renews an encroachment; provided, however, that an owner, lessee or person in control of property under active agricultural use and immediately abutting the right-of-way may, without obtaining a permit, use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the right-of-way. Encroachments for which permits are not required are subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code;

D. Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining or garden wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across or through any highway;

E. Constructs, reconstructs or repairs any highway light, or highway lighting system in any highway which is open to public travel. This subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

F. Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;

G. Places or leaves any impediment to travel upon any highway, including trash or debris;

H. Erects or maintains any post, sign, banner, pole, fence, guardrail, wall, loading platform or any other structure on, over, under or within a right-of-way;

I. Plants or removes any tree, shrub, or growing thing within a right-of-way;

J. Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a right-of-way;

K. Uses the right-of-way in any manner for purposes of seismological exploration;

L. Conducts land-surveying operations or makes traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway;

M. Causes or permits water (other than water from natural sources) to flow onto or upon any street or road wherein the water is contained within the improved section by curbs or berms.

N. Placement of chairs, tables or other street furniture within the public sidewalk area of the Camarillo Old Town Zone.

(Ord. 940 § 1, 2001; Ord. 726 § 7, 1990; Ord. 663 § 2 (part), 1988.)

The engineer may refuse to issue a permit under the following conditions:

A. When he finds that it is not in the best interest of the general public to do so;

B. When he finds that it will be detrimental to the public health, safety or welfare;

C. When the permit is for excavation in newly renovated (capped, overlayed, or sealed) streets for three years after completion of street renovation. Public agencies and public utilities shall determine alternate methods of making necessary repairs. Exceptions to the above are:

1. Emergencies which endanger life or property,

2. Interruption of essential utility service,

3. When repairs must be made by a public agency or public utility to failed pipelines and conduits or when a new connection which could not have been anticipated must be made,

4. Work that is mandated by city, state, or federal legislation,

5. Service for buildings or areas where no other reasonable means of providing services exists,

6. Where boring is not feasible due to technical engineering reasons, or

7. Any other situation in which the engineer has deemed excavation to be in the best interest of the general public.

If a permit is issued to open any pavement which is less than three years old, an additional charge in an amount to be determined by resolution of the city council, shall be made for such opening notwithstanding Section 13.04.315. However, such charge may be waived by the city council when a public agency or public utility can demonstrate to the satisfaction of the city council that the excavation is occasioned by circumstances beyond its control.

(Ord. 663 § 2 (part), 1988.)

A. A permit may be cancelled by the engineer for any of the following reasons:

1. When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

2. By failure on the part of the permittee to comply with all of the requirements of the permit;

3. By failure on the part of the permittee to provide for public safety;

4. For cause as may be determined by the engineer for public health and safety reasons.

B. Action taken under this section shall not constitute a bar to criminal proceedings provided for in this chapter.

(Ord. 663 § 2 (part), 1988.)

Application for a permit shall be made in writing to the department, on the forms provided by the department.

(Ord. 663 § 2 (part), 1988.)

An applicant for a permit shall state in the application his name and address, such other information as is required by this chapter and such other information as the engineer may require.

(Ord. 663 § 2 (part), 1988.)

On each application, the applicant or his agent shall sign a statement that the applicant agrees to defend, indemnify and hold harmless the city, its officers, agents, and employees from any claim, demand, damage, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person, damage to property arising out of the encroachment or any activities taken pursuant to the encroachment permit.

(Ord. 742 § 2, 1991: Ord. 663 § 2 (part), 1988.)

The engineer may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, and for the safety of persons using such highways, as to the route over which to move any overheight, overwidth, overlength or overweight load; as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and, as to other permits issued pursuant to the provisions of this chapter.

(Ord. 663 § 2 (part), 1988.)

When required by the engineer, the applicant shall attach to or enclose with the application four copies of a map, plat, sketch, diagram or similar exhibit which plainly shows any and all infor-mation necessary to locate, delineate, illustrate or identify the proposed encroachment.

(Ord. 663 § 2 (part), 1988.)

The engineer may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic control plans, hours of work, flagmen, lights, inspection and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The engineer may add these requirements and conditions by attachments to the permit and they shall be an integral part thereof.

(Ord. 663 § 2 (part), 1988.)

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter.

(Ord. 663 § 2 (part), 1988.)

Each permit shall specify the time the permit becomes null and void and the permit shall become null and void on the date so specified unless the engineer extends the time. The engineer may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(Ord. 663 § 2 (part), 1988.)

Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, public utility or metropolitan water district, subject to compliance with all applicable provisions of this chapter. The Public Works Director may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the Public Works Director and for paying for inspection, repairs and other costs incurred by the department due to the permittee's activity. Blanket excavation permits will be limited to utility trenches not exceeding two feet in width and sixty feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding thirty square feet in area. Except as expressly approved by the public works director under Section 13.04.245, no road may be closed, and two-way traffic must be maintained at all times.

(Ord. 1020 § 2, 2008: Ord. 663 § 2 (part), 1988.)

Permits issued under the authority of this chapter are nontransferable.

(Ord. 663 § 2 (part), 1988.)

Whenever this chapter requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter whether such person obtains such permit or not.

(Ord. 663 § 2 (part), 1988.)

Any person who commences any work for which a permit is required by this chapter without first having obtained a permit therefor, shall stop work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him in violation of this chapter and subject to all penalties thereof.

(Ord. 663 § 2 (part), 1988.)

A. Ownership/Control of Encroachment Unascertainable. The city may remove and dispose of any encroachment placed in the highway without a permit for which ownership cannot be reasonably identified. Prior to disposal, the city shall store the encroachment for thirty days.

B. Ownership/Control of Encroachment Ascertainable.

1. If ownership or control of the unpermitted encroachment can be reasonably identified, the city shall notify the owner or individual in control that the encroachment is in violation of this chapter and that application must be made for an encroachment permit.

2. If no application is made for the encroachment permit within three working days after notification, or if such application is denied, the city may remove the encroachment.

3. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the city engineer or his designee, the city may order that the encroachment be immediately removed. If such order is made and the encroachment is not moved by the end of the next working day, the city may remove the encroachment. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the city engineer or his designee, and the city is not able to contact the owner, the city may immediately remove the encroachment without notification.

4. Upon removal of the encroachment, the city shall supply written notification to the owner or individual in control that the encroachment will be disposed of at the end of thirty days if it is not claimed by the owner.

C. Return of Encroachment. No encroachment shall be returned to the owner or individual in control unless and until a fee is paid to the city in an amount equal to the cost of removal and storage of the encroachment.

(Ord. 742 § 3, 1991.)

The permittee shall make the permit available for inspection by the engineer or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.

(Ord. 663 § 2 (part), 1988.)

During the progress of the work the permittee shall maintain a sign at such work site bearing the name, address and telephone number of the permittee. This section shall not be applicable to utilities doing their own maintenance, repairs or installation by their own employees. However, if a utility uses an outside contractor to do such work, the contractor must post a sign in accordance with this section.

(Ord. 663 § 2 (part), 1988.)

All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment.

(Ord. 663 § 2 (part), 1988.)

In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices including, but not limited to, lights, barricades, signs, flagmen and watchmen, as are necessary to protect the public and as ordered by the engineer or his representative. Any omission on the part of the engineer to specify in the permit what safety devices shall be provided by or preventive action required of the permittee shall not excuse the permittee from complying with all laws, regulations and ordinances relating to the protection of persons or property under the circumstances. If the engineer finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee in accordance with the schedule of charges as adopted by the city council.

(Ord. 663 § 2 (part), 1988.)

A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons, and at not more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use.

(Ord. 663 § 2 (part), 1988.)

All safety devices, including warning lights discussed in Section 13.04.130, shall conform to the requirements of the manual of Traffic Controls for Construction and Maintenance Work Zones issued by the Department of Transportation of the state and of the California Vehicle Code, so far as such manuals and codes are applicable.

(Ord. 663 § 2 (part), 1988.)

If in the judgment of the engineer it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the engineer shall assign an inspector and the permittee shall pay the city in accordance with the schedule of charges as adopted by the city council.

(Ord. 663 § 2 (part), 1988.)

A person shall not obstruct the engineer or his representative, in making any inspection authorized by this chapter or in taking any sample or in making any test.

(Ord. 663 § 2 (part), 1988.)

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to move his facility without cost.

(Ord. 663 § 2 (part), 1988.)

The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of the wires, cables, pipes, conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(Ord. 663 § 2 (part), 1988.)

No moving contractor shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any highway, and it is determined that the height, width or weight of the load exceeds height, width, or weight as stated in the permit and property damage results therefrom, the engineer is authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the engineer that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with a public utility.

(Ord. 663 § 2 (part), 1988.)

When the location or position of an encroachment impairs visibility to vehicular traffic, the engineer may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the state, or the engineer may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.

(Ord. 663 § 2 (part), 1988.)

A. The permittee shall maintain adequate public liability insurance, including motor vehicle insurance, to protect him from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations be by himself or by any agent or by anyone directly or indirectly employed by him or his agent. The city shall be named as an additional insured and the policy shall be issued by a company authorized to do business in the state. The amount shall be as prescribed by city council resolution. In the absence of such a resolution, the minimum liability shall be five hundred thousand dollars. Certificates of insurance shall be filed with the engineer. The insurance policy shall contain a provision that the policy cannot be cancelled except upon ten days written notice to the city of the fact of such cancellation.

B. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with subsection A of this section, or the utility company must provide evidence that its own insurance policy covers the contractor.

(Ord. 742 § 4, 1991: Ord. 663 § 2 (part), 1988.)

Every permit issued under this chapter for activity or work in, along, on, over, across or under the highway shall be granted subject to the right of the city or any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the engineer.

(Ord. 663 § 2 (part), 1988.)

All work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, and any other emergency facilities designated by the engineer.

(Ord. 663 § 2 (part), 1988.)

All work shall be performed in accordance with the Standard Specifications for Public Works Construction including revisions or according to the plans and specifications referred to in the permit and, in addition, to any special requirements or specifications which are made a part of the permit. In case of conflict between two specifications, the stricter specification shall apply.

(Ord. 663 § 2 (part), 1988.)

A. After work is commenced, the permittee shall prosecute with diligence all work covered by the permit. The permittee shall promptly complete such work and restore the site to satisfactory condition so as not to obstruct the public place or travel more than is reasonably necessary.

B. If the work is not completed in a reasonable and diligent manner the department shall notify the permittee to complete the same within a specified period of time. If the work is not completed within that time the department shall have full power to do the work or may contract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the permittee. If the permittee has no deposit or other security, the city may bill the permittee directly for work performed.

(Ord. 663 § 2 (part), 1988.)

Each permittee shall conduct and carry out encroachment work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance or the work, the permittee shall take appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly debris.

(Ord. 663 § 2 (part), 1988.)

No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except on authorization by the engineer.

(Ord. 663 § 2 (part), 1988.)

Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way, including bridges and any other structure thereon, by replacing, repairing or rebuilding in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials and debris upon the right-of-way, and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the engineer. Where excavation occurs within areas already paved, the engineer may require temporary paving to be installed within twenty-four hours after the excavation area is backfilled. In the event that the permittee fails to act promptly to restore the right-of-way as provided in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the engineer may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council.

(Ord. 663 § 2 (part), 1988.)

Unless otherwise determined by the engineer, where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than three inches; the base course removed shall be replaced to the same thickness as that of the surrounding base course.

(Ord. 663 § 2 (part), 1988.)

When the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired, unless otherwise determined by the engineer.

(Ord. 663 § 2 (part), 1988.)

When the structural section removed varies from or exceeds the average existing section, the engineer may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

(Ord. 663 § 2 (part), 1988.)

In those instances where the permittee's excavation is within an area of highway to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the engineer may waive such resurfacing.

(Ord. 663 § 2 (part), 1988.)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the engineer in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees; except in the case of a public utility regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility.

(Ord. 663 § 2 (part), 1988.)

The city may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety or welfare. Removal and relocation of encroachments under this section shall be in accordance with the procedure and penalties provided in Sections 1481 through 1485 of the California Streets and Highways Code.

(Ord. 663 § 2 (part), 1988.)

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its pre-existing condition or better, unless the engineer permits otherwise.

(Ord. 663 § 2 (part), 1988.)

All encroachments must be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public or unreasonably interfere with or cause inconvenience to the occupants of adjoining property. At no time may a public highway be temporarily closed or its use denied to the general public, except: (a) by permission of the city council or in the event the council is unable to act in the time required by law, by the city manager; or (b) by permission of the city manager or public works director for periods of less than one day with respect to highways that are designated as non-arterial and non-collector highways.

(Ord. 1020 § 3, 2008: Ord. 726 § 8, 1990; Ord. 663 § 2 (part), 1988.)

Every person owning, using, controlling or having an interest in any pipe, conduit, duct, tunnel, or other such similar structure under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia or oil, or for any other purpose, shall file in the office of the engineer within sixty days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one inch to two hundred feet showing the complete installation of all such substructures. The same is required showing location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this section.

(Ord. 663 § 2 (part), 1988.)

A. Before commencing any encroachment work authorized by any permit the permittee shall notify the underground service alert ("USA") and the engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.

B. Before commencing any encroachment work authorized by any permit where the adjoining or abutting property has access to the highway within one hundred linear feet of the encroachment work, the permittee shall give written notice at least forty-eight hours prior to commencing any work to the property owner and occupant of the dates and times of the encroachment work. Such notice shall include the telephone number of the permittee who will perform the work.

(Ord. 663 § 2 (part), 1988.)

The engineer may require the permittee to make proper arrangements for, and bear the cost of the relocation of any structure, publicly owned facility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The engineer may elect to do the necessary relocation at the permittee's expense.

(Ord. 663 § 2 (part), 1988.)

If any city highway improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense, except as provided by state statute. When relocation is required, the engineer shall give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the engineer and a reasonable time within which the encroachment must be relocated or removed. If the permittee fails to comply with such instructions, the city may relocate the encroachment at the expense of the permittee in accordance with the schedule of charges as adopted by the city council. In determining what is a reasonable time under this section the engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this section apply to all permittees, including public agencies and public utilities having authority to occupy city rights-of-way pursuant to a franchise or an express provision of the California Code. However, this section shall not apply to the public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway.

(Ord. 663 § 2 (part), 1988.)

The engineer may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.

(Ord. 663 § 2 (part), 1988.)

A. In case the pavement or surface of the highway over said openings should become depressed or broken at any time after the work has been performed for any reason other than natural wear of the surface or improper work of another permittee, the permittee for whom the work was performed shall immediately proceed to repair and restore the pavement upon written notice from the department. The repair and restoration shall be to the satisfaction of the engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of the engineer as provided for in this chapter shall not excuse the permittee from its duty and obligation imposed by this section.

B. When the work was done pursuant to Section 13.04.020 (Exception), the written notice shall be sent to the person or firm who actually opened the highway and it shall be the responsibility of such person or firm to make the repair and restoration.

C. In case the pavement is not completely restored within thirty days after such notice has been given, the department of engineering shall do the work at the expense of the delinquent person, firm or permittee.

(Ord. 663 § 2 (part), 1988.)

All applicants, except as otherwise provided in this chapter, shall pay an issuance fee and all other costs and charges as established for the work described in this chapter.

(Ord. 663 § 2 (part), 1988.)

Issuance fees and charges for repairs, inspection, or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.

(Ord. 663 § 2 (part), 1988.)

A. The following shall be exempt from paying all fees: the United States and all departments of the city.

B. The engineer may grant a permit without an issuance fee if he finds that the work to be done has been requested by the city in connection with proposed public works.

C. If the engineer determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he may in specific instances waive all fees and deposits.

D. In cases where the fee is waived, the permittee shall be liable for the actual cost of any work required to be done by the department in restoring the highway to be in as good a condition as before any such work was commenced. Furthermore, the engineer may, in the future, require such deposit from any such permittee if a bill rendered in accordance with this chapter becomes delinquent.

(Ord. 663 § 2 (part), 1988.)

The fee for each true copy of a permit to the permittee is twenty-five cents per page.

(Ord. 663 § 2 (part), 1988.)

The engineer shall not charge for any engineering or permits for the construction of curbs, gutters, walks and highway surfaces when the construction of curbs, gutters, walks and highway surfaces is in connection with subdivision activity.

(Ord. 663 § 2 (part), 1988.)

The schedule of fees or charges will be those recommended by the engineer and adopted by the resolution of the city council from time to time. Where work for which a permit is required by this chapter is started or proceeded with, prior to obtaining the permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed in this chapter.

(Ord. 663 § 2 (part), 1988.)

The permittee is liable for and shall pay for all the department's costs related to the permit, including, but not restricted to, the following:

A. The permit issuance fee if that has not otherwise been paid;

B. Engineering, which includes design, inspection, survey, and tests;

C. The cost of any inspection, transportation, or test made;

D. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;

E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

F. The cost of alteration, removal, replacement, and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes and any other expense for traffic control;

G. The cost of removing or remedying any hazardous condition;

H. The cost of tree-trimming;

I. Any other cost to the city caused by the permittee's activity.

(Ord. 663 § 2 (part), 1988.)

Except as provided in subsection C7 of Section 13.04.040, whenever in the provisions of this chapter, any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including overhead and depreciation in accordance with current practice in charging for work performed for the public and as defined in the encroachment fee resolution as adopted by the city council.

(Ord. 663 § 2 (part), 1988.)

The engineer may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with the minimum standards required by the city.

(Ord. 663 § 2 (part), 1988.)

If an applicant receives a permit pursuant to the provisions of Section 13.04.320 and the governmental agency fails to make the inspection or fails to file evidence as required, the engineer may inspect the work and the permittee shall pay the actual cost of such inspection to the engineer.

(Ord. 663 § 2 (part), 1988.)

Unless exempted from this section by law or by the engineer, each applicant shall, before obtaining a permit, deposit with the department a cash deposit, consisting of cash or a certified or cashier's check in a sum to be fixed by the engineer as sufficient to reimburse the city in accordance with the schedule of charges as adopted by the city council for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all conditions of the permit. Where the size and nature of the project warrant, the engineer may require the additional deposit of one thousand dollars to indemnify and reimburse the city for work done by or for the city in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by or arising out of the doing of any work under any permit issued to the permittee. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a deposit in accordance with this section.

(Ord. 663 § 2 (part), 1988.)

A cash deposit may be in the form of a special deposit to be maintained as security for a specific permit issued to the applicant or may be in the form of a general deposit to be maintained as a security for all the permits issued to an applicant. If an applicant maintains a general cash deposit it shall be with the understanding that he will pay all bills sent him by the engineer for work described in this chapter. The amount of the general deposit shall be sufficient to cover all costs connected with the permit. An applicant making a general deposit need not make a special deposit.

(Ord. 663 § 2 (part), 1988.)

In lieu of a cash deposit the engineer may accept from an applicant other types of security as specified in Sections 13.04.350 through 13.04.365.

(Ord. 663 § 2 (part), 1988.)

Any deposit required by the engineer pursuant to this chapter shall be payable to the city and filed or deposited with the engineer. Deposits returned are to be less any costs authorized to be deducted pursuant to this chapter.

A. Excavation Deposits. Thirty days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the engineer will release fifty percent of a special deposit upon application of the permittee. The balance of the deposit shall be released to the permittee upon the expiration of a twenty-four month period from the date of completion. Each general deposit made pursuant to this chapter may be returned at any time upon application of the permittee; provided, however, that the city shall retain of each general deposit such amounts and for such period of time as would have been required if the general deposit had been paid as a special deposit for any permits issued during the time the general deposit was in effect.

B. Other Deposits. Except as specified in subsection A of this section, thirty days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the engineer will release the deposit upon application of the permittee.

(Ord. 663 § 2 (part), 1988.)

The engineer may accept a surety bond in a sum of not less than one thousand dollars on a form supplied by the department and executed by a corporation authorized to engage in surety undertakings in the state. It shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the surety bond. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a surety bond in accordance with this section.

(Ord. 663 § 2 (part), 1988.)

The engineer may accept a certificate of deposit or pass books made payable to order of the city in lieu of a surety bond.

(Ord. 663 § 2 (part), 1988.)

As security on moving permits only, the engineer may accept a certificate of insurance and endorsement on the standard forms provided by the department. Such certificate and endorsement shall show that an insurance policy of not less than five hundred thousand dollars has been issued to the applicant and is in full force and effect; and, in which policy the insurer directly agrees to reimburse the city for all sums due it from the permittee for damage to highway facilities. The insurance policy must name the city as an insured.

(Ord. 663 § 2 (part), 1988.)

The engineer may require any type of security that has, in his opinion, become insufficient for protection of the public interest, to be increased to such an amount as he has determined will be sufficient to protect the public interest. He may require special deposits or other security.

(Ord. 663 § 2 (part), 1988.)

The engineer may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit or other payment required by this chapter.

(Ord. 663 § 2 (part), 1988.)

No bond, insurance certificate, certificate of deposit, savings and loan share assignment or other form of indemnification is acceptable which bears an expiration date not determined by the city.

(Ord. 663 § 2 (part), 1988.)

The engineer shall bill the permittee for all fees and costs chargeable under this chapter.

(Ord. 663 § 2 (part), 1988.)

If, within thirty days after a bill has been sent, the permittee does not pay the same in full, such amount may be deducted from his deposit, or the engineer may recover the amount due from any security the permittee has filed under Sections 13.04.350 through 13.04.365. When amounts are deducted from a general deposit, the permittee must restore the deposit to its original amount within fifteen days. If the deposit or security is insufficient to pay the amount due, the city may enforce collection by legal means.

(Ord. 663 § 2 (part), 1988.)

At the request of a permittee who maintains with the engineer adequate security as provided in this chapter and to whom ten or more permits have been issued monthly, for three consecutive months, the engineer may waive the requirement covering prepayment of the issuance fees and bill the permittee for issuance fees covering permits issued subsequent to such request. The engineer may revoke such waiver at any time.

(Ord. 663 § 2 (part), 1988.)

The engineer may elect not to issue further permits to the permittee and may hold any deposits, guarantees, or bonds of the permittee as long as any bill remains unpaid.

(Ord. 663 § 2 (part), 1988.)

An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee.

(Ord. 663 § 2 (part), 1988.)

The fee deposited for driveway inspection or any other unit fee established may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee and no inspection requests were made.

(Ord. 663 § 2 (part), 1988.)

If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made.

(Ord. 663 § 2 (part), 1988.)

The provisions of this chapter apply to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, highway light or lighting system, or other appurtenant structures.

(Ord. 663 § 2 (part), 1988.)

If in the opinion of the engineer the work proposed to be done requires the making of plans or the setting of stakes, or both, the engineer may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.

(Ord. 663 § 2 (part), 1988.)

Before a permittee performs any work prescribed in this chapter he shall obtain from the engineer approval of the lines and grades therefor.

(Ord. 663 § 2 (part), 1988.)

Driveways shall be constructed of portland cement concrete.

(Ord. 663 § 2 (part), 1988.)

A driveway shall not be constructed or maintained where fences, buildings, natural grade, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway.

(Ord. 663 § 2 (part), 1988.)

The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway. The width of an individual or aggregate widths shall be as prescribed in the city street standards.

(Ord. 663 § 2 (part), 1988.)

The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be in accordance with the current revision of County of Ventura Public Works Agency, Plate E-1, available at the department of engineering services. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least one foot, otherwise a common or continuous driveway will be required.

(Ord. 663 § 2 (part), 1988.)

Where topographical or traffic conditions are such that a modification of the provisions of Sections 13.04.430 through 13.04.445 are necessary for the promotion of traffic safety, and the engineer so finds, he may permit a deviation from the provisions of such sections to the extent which he finds necessary.

(Ord. 663 § 2 (part), 1988.)

If the engineer by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this chapter, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. 663 § 2 (part), 1988.)

If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the clerk of the city council, before presenting such offer to the city council, shall refer such offer to the engineer for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of city standards.

(Ord. 663 § 2 (part), 1988.)

Upon reference to him, the engineer shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof, and shall report, in writing to the city council advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform. If such light or system does not conform the city council shall not accept such offer of dedication unless and until such light or system shall have first been made to conform to the provisions of this chapter and to the specifications.

(Ord. 663 § 2 (part), 1988.)

If any stakes set for any work covered by this chapter are disturbed or destroyed by cause directly attributable to the permittee's delay in making use of the stakes, the permittee shall reset the additional stakes and shall bear the cost thereof.

(Ord. 663 § 2 (part), 1988.)

The provisions of this chapter apply to permits for the making or causing to be made, in any highway, of excavations, and for the placing, constructing, repairing, changing or removing of encroachments.

(Ord. 663 § 2 (part), 1988.)

Each applicant for an excavation or encroachment permit shall file with the application four copies of the plan showing the highways in which the proposed excavation or encroachment will be placed, together with the exact location and dimensions of the proposed excavation(s) or the specifications and characteristics of the encroachment, together with any other details which the engineer requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the engineer may waive the filing of a plat. Approved plats shall become public records.

(Ord. 663 § 2 (part), 1988.)

All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit proper storage of material, the engineer may require that the permittee remove the material from the encroachment site.

(Ord. 663 § 2 (part), 1988.)

A monument set for the purpose of preserving survey points, lines or elevation shall not be removed or disturbed without first obtaining permission from the engineer. Replacement of a removed or disturbed monument shall be done by a registered civil engineer who is licensed to survey or a licensed land surveyor and shall be at the expense of the permittee.

(Ord. 663 § 2 (part), 1988.)

In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the engineer.

(Ord. 663 § 2 (part), 1988.)

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the engineer.

(Ord. 663 § 2 (part), 1988.)

Laterals, utility services and utility conduits shall be jacked, bored or driven beneath a paved surface per city standards, unless other methods are approved by the engineer.

(Ord. 663 § 2 (part), 1988.)

The minimum cover over any pipe or conduit installed under any public highway shall be thirty inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be thirty inches of material measured from the surface of the nearest outermost edge of the travelled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum sixteen inches of cover starting one foot back of the curbline in the parkway or sidewalk areas. The engineer may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided.

(Ord. 663 § 2 (part), 1988.)

With the permittee's concurrence or as an emergency measure, the engineer shall have the power to order the paving by city forces of any excavation. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council.

(Ord. 663 § 2 (part), 1988.)

As the work progresses, all highways shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All cleanup operations at the location shall be done on a daily basis and be accomplished at the expense of the permittee. From time to time as may be ordered by the engineer, and in any event immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind. If the permittee fails within twenty-four hours after having been notified to do so by the engineer or his designee, the work may be done by the department and the permittee charged in accordance with the schedule of charges adopted by the city council. When a pole, guy-stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(Ord. 663 § 2 (part), 1988.)

Backfilling and compaction of an excavation shall be in accordance with standards established by the engineer and adopted by resolution of the city council, both as to material and method. Backfilling shall commence within forty-eight hours after work in a trench is completed.

(Ord. 663 § 2 (part), 1988.)

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction or tunnel placed in the excavation or the encroachment for which a permit is issued, interferes with the future surface use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the engineer such tank, pole, pipe, cable, conduit, duct, tunnel or obstruction. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement. Utilities operating under franchises granted by the city shall relocate their facilities in accordance with the terms of such franchise.

(Ord. 663 § 2 (part), 1988.)

The engineer shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the engineer finds that the remoteness of the area or other conditions render underground installation impractical or infeasible.

(Ord. 663 § 2 (part), 1988.)

The engineer may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits.

(Ord. 663 § 2 (part), 1988.)

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe, cable, or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation applies for a permit not later than the next business day after such work is commenced.

(Ord. 663 § 2 (part), 1988.)

The provisions of this chapter apply to the use of the highway by a vehicle or load, or to any combination.

(Ord. 663 § 2 (part), 1988.)

When so required by the engineer, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of a vehicle, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along or across any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank or runway.

(Ord. 663 § 2 (part), 1988.)

In all cases where the Building Code requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the engineer shall not grant a permit to move such building or structure until the applicant furnishes to the engineer evidence that such owner has such relocation permit.

(Ord. 663 § 2 (part), 1988.)

The engineer shall not issue a permit to move any load when the weight of load, plus the weight of the vehicle or other equipment exceeds the weight permitted by the Vehicle Code, except that if it appears to the engineer that the size, shape or physical characteristics of the load or portion thereof, to be moved, makes it impossible or impracticable to keep within such weight limits, the engineer may issue a permit to move a load on a vehicle every wheel of which is equipped with pneumatic tires where the engineer has determined that such movement will not cause injury to the highways, bridges, and appurtenances installed therein or thereunder.

(Ord. 663 § 2 (part), 1988.)

When authorized by a permit issued by the State Division of Highways, or the engineer, to move a vehicle or combination of vehicles or load of dimension or weight or other characteristic generally prohibited by law, the permittee shall comply with the general law regulating travel over a public highway, including posted signs or notices which limit a speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved on, over or across, or otherwise exempt by special permit.

(Ord. 663 § 2 (part), 1988.)

The engineer may require that the moving of any load or vehicle be under the supervision of any inspector to be appointed by the engineer, with reimbursement to the city at the set fee or hourly rate as prescribed by the city council.

(Ord. 663 § 2 (part), 1988.)

The engineer is authorized to issue or withhold the permit at his discretion, or, if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle or vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle, when necessary to assure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the highways and bridges from injury, or to provide indemnity for any possible injury resulting from the operation of the vehicle.

(Ord. 663 § 2 (part), 1988.)

Before issuing a permit for the movement of a vehicle or object with a rolling height of over sixteen feet, the engineer shall require evidence or notice of approval of height clearance from the public utility companies having overhead lines crossing the proposed route. Utilities may give notice by telephone.

(Ord. 663 § 2 (part), 1988.)

Each overhead structure which extends over the portion of the highway used by vehicles shall be not less than fifteen feet above the highest portion of the highway surface. Pedestrian crossing structures shall not be less than seventeen feet. If the engineer finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the engineer.

(Ord. 663 § 2 (part), 1988.)

Each overhead structure used primarily for a covered shelter for ingress or egress into a doorway shall not exceed ten feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported by metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designated for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts.

(Ord. 663 § 2 (part), 1988.)

Any permit to erect or maintain an overhead structure shall be treated as and deemed to be a permit to maintain such structure until expiration or revocation of the permit. This section does not apply to agencies operating under approved franchise.

(Ord. 663 § 2 (part), 1988.)

Upon the effective date of the expiration or revocation of the permit, the person maintaining the overhead structure shall remove same, and restore any highway facility damaged or removed.

(Ord. 663 § 2 (part), 1988.)

The engineer may grant a permit to drill a hole not exceeding four inches in diameter in a public sidewalk or in that portion of a public highway not used for vehicular traffic for the purpose of inserting a flagpole therein upon which the flag of the United States, the flag of the state, the flag of Ventura County, or the city flag is displayed.

(Ord. 663 § 2 (part), 1988.)

Except when such hole is being used to support the flagpole of the flag of the United States, state of California, Ventura County, or city of Camarillo, the permittee or his successor or assign shall plug such hole with wood, metal, plastic or concrete plug, which shall be so constructed as to completely cover such hole, level with the surrounding surface, or shall refill such hole and restore the highway to a condition equivalent to that in which it was prior to the excavation.

(Ord. 663 § 2 (part), 1988.)

The applicant for a permit to plant trees or other plants in the right-of-way shall show in his application or by sketch the proposed location and the kind of plants. No change shall be made in either the location or kind without approval of the director of community services. Upon planting trees or other plants in the right-of-way, they become the property of the city.

(Ord. 663 § 2 (part), 1988.)

The director of community services may refuse to issue a permit authorizing the planting of trees or other plants in the right-of-way when, in his opinion, the location, the nature of growth, or the kind of tree, shrub or other plant will be deleterious to the public highway, will reduce sight distance, will unduly disturb the right-of-way or will in any way impede construction or maintenance of facilities.

(Ord. 663 § 2 (part), 1988.)

Trimming of trees shall be permitted only when and in the manner authorized by a permit so that the shapeliness of the tree may be preserved. Removal of live trees shall be in accordance with subsection D of Section 13.12.060. Dead trees may be removed at the discretion of the director of community services. When a tree is removed, the entire stump shall be taken out at least one foot below the existing or proposed subgrade unless otherwise specified in the permit, and the hole backfilled and compacted. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

(Ord. 663 § 2 (part), 1988.)

It is permissible to plant and maintain a lawn or similar ground cover not prohibited by law within the right-of-way of a public highway without a permit. However, the lawn or similar ground cover shall not extend into the travelled way of the public highway nor into the drainage ditches, gutters or other improved facilities.

(Ord. 663 § 2 (part), 1988.)

The public may not be denied the use of the planted area for pedestrian or other lawful use. The city may use the planted area for any purpose and may issue a permit to any applicant to perform encroachment work pursuant to this chapter. If the lawn or similar ground cover is damaged in the course of an authorized encroachment, the permittee who caused the damage will be responsible for the replacement thereof unless the permit specifically states otherwise.

(Ord. 663 § 2 (part), 1988.)

No hedge, shrub or other planting and no fence or other structure shall be planted, erected or maintained in a right-of-way without a permit, upon any sidewalk or shoulder, or in such manner which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.

(Ord. 663 § 2 (part), 1988.)

The permittee shall maintain hedges, shrubs or other plantings, and fences or similar structures in a neat and orderly condition. If the encroachment is not so maintained, the engineer may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee.

(Ord. 663 § 2 (part), 1988.)

Any person aggrieved by the refusal or revocation of a permit may appeal to the city council within thirty days after the date of such action. The appeal shall be in the form of a written notice filed with the city clerk, signed by the applicant, and accompanied by an administrative fee in an amount set by city council resolution. The notice shall have attached a copy of the application as filed with the engineer, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his appeal.

(Ord. 950 § 6, 2002: Ord. 663 § 2 (part), 1988.)

The city clerk shall set the matter for hearing and shall notify the applicant and the engineer of the setting.

(Ord. 663 § 2 (part), 1988.)

At the hearing, the applicant shall establish to the satisfaction of the city council that he is entitled to issuance of a permit under this chapter or to reinstatement of a permit previously revoked. The engineer may present his grounds for denial or revocation of the permit. The decision of the city council is final.

(Ord. 663 § 2 (part), 1988.)

Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the engineer or having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit or performs work contrary to any of the general or special requirements or specifications of the permit is deemed in violation of this chapter. Each and every day in which there is a violation constitutes a separate offense. Violation of this chapter is a misdemeanor.

(Ord. 663 § 2 (part), 1988.)