Chapter 7 — STREET IMPROVEMENTS

The existence of earthen sidewalks and earthen curbs and gutters adjoining dwellings and buildings within the City, or, conversely, the lack of adequate curbs and sidewalks, is hereby found and declared to be dangerous to the public health and safety of the inhabitants of the City. (§ 1, Ord. 391, eff. January 10, 1968)

It is the intent of this chapter not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers under the Subdivision Map Act and City laws enacted pursuant thereto or on matters processed by the Planning Commission and/or Council.

(§ 1, Ord. 391, eff. January 10, 1968)

Except as otherwise provided in this chapter, every owner, lessee, or other person constructing, or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the City shall also provide for the construction of curbs, gutters, sidewalks, drainage facilities, and street paving. Such improvements shall be made, in accordance with City standard specifications and design, for all public street frontage adjoining the property upon which the construction is to be done unless curbs, gutters, sidewalks, and paving constructed and located in accordance with City standards and design already exist. (§ 1, Ord. 391, eff. January 10, 1968)

As concerns residential buildings containing three or fewer dwelling units, the requirements of Section 9-7.03 of this chapter shall apply to new construction only and shall not apply to modifications of any kind.

(§ 1, Ord. 391, eff. January 10, 1968)

For the purposes of Section 9-7.03 of this chapter, a modification shall be considered substantial where its total cost is in excess of $6,000 as established by the valuation set by the Building Inspector for building permit fee purposes. (§ 1, Ord. 391, eff. January 10, 1968)

Any required street or road improvement plans shall be referred to the Director of Public Works

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City of Ojai, CA § 9-7.06

OJAI CODE

§ 9-7.11

for approval. Such plans shall be accompanied by an estimate of the costs of the construction and shall be used as a basis for the amount of improvement security for an agreement to construct, or shall be used as a basis for the amount of a cash deposit in lieu of construction, and shall be subject to the approval of the Director of Public Works. The approval of the plans shall also be subject to plan-check, permit, and inspection fees imposed by the Department of Public Works. (§ 1, Ord. 391, eff. January 10, 1968)

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. The removal and relocation of encroachments under this section shall be as prescribed by Sections1481 through 1485 of the Streets and Highways Code of the State. (§ 1, Ord. 391, eff. January 10, 1968)

Upon the written request of any person who must conform with the requirements of Section 9-7.03 of this chapter, and within 90 days after such request, the Director of Public Works shall establish a street line and grade for the public street frontage adjacent to the property upon which the construction is to take place. The applicant shall reimburse the City for the costs associated with establishing such line and grade and the approval of plans on a pro rata basis of the percentage of street frontage.

(§ 1, Ord. 391, eff. January 10, 1968, as amended by Part 1, Ord. 512, eff. January 8, 1976)

In lieu of the construction of required curbs, gutters, sidewalks, paving, and drainage facilities, the owner, lessee, or other person shall, if the Director of Public Works finds that deferring such improvements is in the public interest, post with the City a sufficient bond, cash deposit, or other security, which bond, cash, or security shall be approved as to amount and form by the Director to guarantee the installation of such improvements within such period as the Director shall specify. If the amount required is less than $500, a cash deposit shall be made. (§ 1, Ord. 391, eff. January 10, 1968)

Upon the application of any interested person, the Director of Public Works may waive the construction of sidewalks, curbs, gutters, paving, or drainage facilities hereunder where the public health, safety, and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of other property in the area, and the convenience of the public. (§ 1, Ord. 391, eff. January 10, 1968)

The Building Official shall not conduct a final inspection of any building, structure, or other facility and shall withhold approval of public utility connections thereto unless the curbs, gutters, sidewalks, paving, and drainage facilities required by the provisions of this chapter have been completed, or, when permitted, a bond, cash deposit, or deposit of securities to guarantee such construction have been posted with the City and approved by the Director of Public Works, or

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-7.11

§ 9-7.15

unless such requirements have been waived in accordance with the provisions of Section 9-7.10 of this chapter.

(§ 1, Ord. 391, eff. January 10, 1968)

Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Director of Public Works that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so as to make necessary a widening of the existing City right-of-way for the protection of the public safety and welfare, there shall be dedicated to the City that part of such property sufficient to bring such public street up to the width line established therefor. In the event existing buildings or other structures are located within the right-of-way to be dedicated, the City shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property or may permit such encroachment to remain. (§ 1, Ord. 391, eff. January 10, 1968)

Maintenance of curbs, gutters, and sidewalks within the City limits shall be as prescribed by Sections 5600 et seq. of the Streets and Highways Code of the State. (§ 1, Ord. 391, eff. January 10, 1968)

Interested persons shall have the right to appeal to the Council from determinations made by the Director of Public Works and the Building Official. Such appeals shall be controlled by the provisions of Chapter 4 of Title 1 of this Code.

(§, Ord. 391, eff. January 10, 1968, as amended by § 11, Ord. 708, eff. April 27, 1995)

It is recognized that situations may arise wherein it may prove to be impractical or impossible or unfair or oppressive to the owner to require literal compliance with all the requirements of this chapter and that a certain flexibility is necessary. It is accordingly hereby specifically provided that if the Council shall determine that any of the provisions of this chapter should be modified or omitted, thereupon the Council is authorized and empowered to deviate from the full requirements of this chapter and may authorize other modifications as the conditions may warrant.

(§ 1, Ord. 391, eff. January 10, 1968)

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-8.01

§ 9-8.03