§ 7-1

This chapter shall be known and may be cited as the "Encroachment Law." The provisions of this chapter shall operate as a supplement to all applicable State Code sections concerning encroachments on City streets and highways. In the event of conflicting provisions, the most restrictive shall prevail.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Unless the provisions or the context otherwise requires, the following general provisions, rules of construction, and definitions shall govern the construction this chapter:

• (a) 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 a contract with, or at the request of, the City shall be exempt from the fee and bond requirements of this chapter.

• (b) Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise.

• (c) Whenever reference is made to any portion of this chapter or any other ordinance or statute, such reference shall apply to all amendments and additions now or hereafter made.

• (d) Definitions.

"Actual cost" shall mean the amount determined by applying the provisions of the encroachment fee resolution as adopted by the Council.

"Applicant" shall mean any person 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" shall mean that portion of the highway structural section located between the pavement and native soil.

"City" shall mean the City of Ojai.

"Completion date" means the date the notice of completion was adopted by the City Council for completing public works projects that include roadway construction, resurfacing operations, or maintenance. For roadways paved as public improvements for a private development, this date shall be the date the notice of completion for the development was adopted by the City Council; for public improvements for which a notice of completion was not adopted by the City Council, this date shall be the actual date of completion of the work.

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.102

§ 7-1.102

"Director" shall mean the Director of Public Works of the City.

"Driveway" shall mean 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" shall mean and include any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this subsection which is placed on, in, along, under, over or across a highway. This subsection shall not apply to the temporary use of a highway for the ordinary maintenance of any existing authorized or permitted encroachment, nor the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits, or service connections solely for telephone or electric power purposes.

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

"Excavate" or "excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within a roadway which requires an encroachment permit under this chapter.

"Inquiry identification number" shall mean the number which is provided by Underground Service Alert (USA) to every person who requests underground location. (Reference Government Code Section 4216.2)

"Native soil" shall mean compacted native material.

"Pavement" shall mean the surfaced portion of the highway structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds.

"Permittee" shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the Director pursuant to the provisions of this chapter.

"Person," as used in this chapter, includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, the State of California, incorporated cities, all public districts and other political subdivisions of the State of California, except the City, and any group or combination acting as a unit.

"Public" shall mean any person as defined in this chapter, other than the Department of Public Works of the City, and shall include the United States and the State.

"Right-of-way" means any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for vehicular or pedestrian travel, including, but not limited to, public roads, public alleys, parkways, bikeways, public transportation paths, sidewalks, plazas, parking lots, medians, streets, and highways.

"Roadway" means a street, highway, and/or the right-of-way.

"Section" shall mean a section of this chapter, unless some other ordinance, division, or statute is expressly cited.

"Special vehicle" shall mean a vehicle or combination of vehicles, as described in the Vehicle Code of the State, which:

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City of Ojai, CA

OJAI CODE

§ 7-1.102

§ 7-1.103

• (1) Whether laden or unladen, is required by the Vehicle Code to have a special permit to be on any highway; or

• (2)

Is so laden that it is required to have such special permit.

"Street" and "highway" shall include all or part of, or any right in, a City highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters' rights, sloping easements, or other incidents to a street or highway, whether or not such entire area is actually used for highway purposes.

"Utility" or "utilities" means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public rightof-way.

"Vehicle Code" shall mean the Vehicle Code of the State in effect at the time of the issuance of a permit.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990; as amended by Ord. 964, 3/11/2025, eff. 4/10/2025)

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

• (a) Makes, or causes to be made, any excavation or encroachment in any street, highway or right-of-way;

• (b) Places, changes, or renews an encroachment; provided, however, an owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way, without obtaining a permit, may use the untraveled portion of the right-ofway abutting such property for the growing and maintenance of agricultural crops and the control 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 shall be subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code of the State;

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

• (d) Constructs, reconstructs, repairs, or maintains any overhead structure or other appurtenance facility;

• (e) Places or leaves any impediment to travel upon any street, highway or right-of-way;

• (f) Erects or maintains any post, sign, newspaper rack, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, over, under, or within a right-of-way;

• (g) Plants or removes any tree, shrub, or growing thing within a right-of-way (except those plants exempted in Article 5 of this chapter);

• (h) Uses a right-of-way or other City property for commercial motion or still picture

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.103

§ 7-1.105

photography;

• (i) Uses the right-of-way in any manner for purposes of seismological exploration;

• (j) 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 or right-of-way;

• (k) Causes or permits water (other than water from natural sources) to flow onto or upon any public street, road or right-of-way wherein such water is contained within the improved section by curbs or berms;

• (l) Moves or causes to be moved on, over, along, or across any public right-of-way any load or vehicle requiring a special permit pursuant to the provisions of the Vehicle Code (Article 6 of Division 15);

• (m) Performs any construction, alteration, or repair of any building or structure, so that it becomes necessary to temporarily obstruct a portion of the sidewalk, street or right-of-way, shall be required to obtain approval from the Director, and if approved, shall obtain an encroachment permit, subject to all conditions as set forth in this chapter;

• (n) Constructs, modifies, or demolishes any well or wells, as defined per Section 7-3.203. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

• (a) Application for a permit required by this chapter shall be made on a form prescribed by the Director. The application shall be signed by the applicant, and by the contractor if the proposed work is to be done by a contractor, and shall include the following information:

  • (1) The name and address of the applicant;

  • (2) The name and address of the contractor if the proposed work is to be done by a contractor;

  • (3) The location, purpose, extent and nature of the proposed work;

  • (4) The period of time when the proposed work will be performed;

  • (5) The materials to be used in performing the work;

  • (6) Subsurface excavation requires "inquiry identification number" (USA) be supplied prior to commencement of any work;

  • (7) The name, address and policy number of the applicant/contractor's insurance carrier;

  • (8) Such other information, including plats, plans and specifications, as the Director may require.

• (b) Application: Reference to chapter. The application for a permit shall refer to, and incorporate by reference, all of the provisions of this chapter.

• (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA

OJAI CODE

§ 7-1.105

§ 7-1.108

Each applicant for a permit shall agree to hold the City and its officers, agents and employees harmless from any and all causes of action, penalties, liabilities or loss resulting from claims or court actions arising out of any accidents, loss or damage to persons or property occurring as a result of any work performed pursuant to the permit. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at his or her own expense, a policy of broad form comprehensive general, liability insurance. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. The policy shall name the City and its officers, employees and agents as co-insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work authorized by the permit and the manner of its installation or construction. The insurance shall be in effect on the date that the work is commenced and shall expire no sooner than one year after the date on which the work is completed. Insurance cancellation clause shall read, "The issuing company shall mail a 30 day written notice of cancellation to the certificate holder named." A certificate of the insurance shall be filed with the Public Works Department. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

If the work to be performed under a permit will involve an excavation more than six inches in depth in a street, the applicant or contractor shall furnish liability insurance coverage required in Section 7-1.106 in an amount not less than one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) aggregate. For all other permits, the applicant shall furnish such liability insurance coverage in an amount not less than that recommended by the most current version of the California Joint Powers Insurance Authority (CJPIA) Contractual Risk Transfer Manual for the type and kind of activity for which a permit is required. If an applicant or a contractor maintains with the City a certificate of continuous insurance coverage, such applicant or contractor shall change the insurance coverage to be in compliance with the requirements of this section on or before the renewal date of the policy. The City Council may, by resolution, increase, decrease, or waive the insurance limits set forth herein in those cases in which the City Council determines that special circumstances justify such an increase, decrease or waiver.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990, as amended by § 1, Ord. 852, eff. April 24, 2015)

• (a) Before a permit is granted by the Director which authorizes excavation, trenching or removal of the surface of a street, a bond shall be filed with the Director in a form approved by the Director, by the applicant, or by contractor who will do the work. The bond shall be a surety bond and shall be issued by a corporation duly and legally licensed to transact business in the State of California. The bond shall guarantee the performance of the work authorized by the permit in accordance with all of the provisions of the application, the permit and this chapter and shall indemnify the City against faulty or improper workmanship or materials that may be discovered during the performance of the work and

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.108

§ 7-1.112

for the term of one year after the completion of the work. If an applicant, or the contractor performing the work, intends to perform more than one project requiring a permit under this chapter, the bond may be written so as to apply to more than one permit and it shall indemnify the City against faulty or improper workmanship or materials that may be discovered during the period of one year after the completion of the work authorized by each permit.

• (b) Bond limits. The Director is hereby authorized to establish the amount of bond to be posted based upon his or her estimate of the maximum cost or damages which the City might incur in connection with the work authorized by the permit or permits; provided, however, that the Director shall not fix an amount more than $15,000.

• (c) Bonds: Exemptions. Public agencies which apply for a permit are not required to furnish the aforementioned bond. However, this exemption shall not relieve the public agency or utility company of faulty or improper workmanship or materials guarantee.

• (d) The City Council may increase, decrease, or waive the bond limits set forth above in those cases in which the City Council determines that special circumstances justify such an increase, decrease or waiver, by resolution of the City Council.

• (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director may make such changes or additions in any application for a permit as in his or her opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, 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. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

When required by the Director, the applicant shall attach to, or enclose with, the application two copies of a map, plat, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill compaction, paving traffic regulations, hours of work, flaggers, lights, inspections, and other similar requirements. He or she also may require whatever advance notice he or she deems proper for requests for inspection. The Director may add such requirements and conditions in writing, or as attachments to the permit, or both, and they shall be an integral part thereof.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set

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City of Ojai, CA

OJAI CODE

§ 7-1.112

§ 7-1.117

forth in the permit and in this chapter. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Each permit shall specify the time the permit shall become null and void, and the permit shall become null and void on the date so specified, unless the Director extends the time. The Director may extend the time if, in his or her 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.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Before commencing any encroachment work authorized by any permit, the permittee shall notify the City of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, or public utility, subject to compliance with the applicable provisions of this chapter. The issuance of a blanket permit shall not relieve the permittee from making such reports of activity under the blanket permit as may be required by the Director and for paying for inspection repairs and other costs incurred by the City due to the permittee's activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width and sixtyfeet (60) feet in length, dug at a right angle to the center line of the road, or an excavation not exceeding 30 square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director 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 Director may elect to do the necessary relocation at the permittee's expense. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

If any City 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 the State statute). When relocation is required, the Director shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the Director and a reasonable time within which the encroachment shall 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 determining what is a reasonable time under this section, the Director shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.117

§ 7-1.125

of its removal, the difficulty of its removal, the value of the impact property to the owner, and other facts peculiar to the particular situation. The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy City rightsof-way pursuant to a franchise or an express provision of State statute. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Permits issued pursuant to the authority of this chapter shall be nontransferable. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

All obligations, responsibilities, and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

All persons, 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. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Issuance fees and charges for repairs, inspections, or engineering collected pursuant to the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director 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. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

If the Council determines that the waiver of any part of the fees is necessary to promote the safety and public welfare, the Council, in specific instances, may waive all fees and deposits. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA § 7-1.125

OJAI CODE

§ 7-1.128

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

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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

• (a) The permit issuance fee, if it has not otherwise been paid;

• (b) Engineering, which includes design, inspection, surveys, 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 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 the 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 removal;

• (i) The cost of tree replacement;

• (j) Any other cost to the City caused by the permittee's activities. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Whenever, in the provisions of this chapter, any costs to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public and as defined in the encroachment fee resolution as adopted by the Council.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director 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

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.128

§ 7-1.134

work will be inspected and will comply with minimum standards required by the City. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

If an applicant receives a permit pursuant to the provisions of Section 7-1.128 of this article, and the governmental agency fails to make the inspection or fails to file the evidence as required, the City may inspect the work, the permittee shall pay the actual cost of such inspection to the City. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Unless exempted from this requirement by law or by the Director, each applicant, before obtaining a permit, shall deposit with the City one of the following: (1) encroachment bond; (2) cash deposit; (3) certified check; (4) cashier's check in a sum equal to the probable cost of all the work to be performed under the permit, or (5) letter of credit. However, the City may waive such deposit when the City finds that the applicant is financially responsible for such costs by reason of past performance or otherwise.

All cash deposits posted pursuant to this section shall be deposited in a special fund maintained by the City Treasurer. All deposits shall be liable for all costs and liabilities incurred and sustained by the City on account of any work performed pursuant to this chapter by the applicant or by the City. No deposit or any part thereof shall be released or exonerated until the Director has certified to City Treasurer that the work has been performed to the satisfaction of the Director, and that all costs and liabilities incurred by the City have been paid or fully secured. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Sixty days after the satisfactory completion of authorized work and the fulfillment of all conditions of the permit, the Director will release the deposit upon an application of the permittee.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The Director shall bill the permittee or deduct from the deposit made or maintained by the permittee all fees and costs chargeable pursuant to this chapter. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The fee deposited for driveway inspections 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.

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City of Ojai, CA

OJAI CODE

§ 7-1.134

§ 7-1.134

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.201

§ 7-1.206

Article 2 General Provisions

Editor's note—Sections 7-1.201 through 7-1.230, added by Ord. No. 645, effective March 12, 1987, repealed and replaced by Ord. No. 673, effective June 8, 1990.

In the conduct of any 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, watchmen, as are necessary to protect the public. Any omission on the part of the Director to specify in the permit what safety devices shall be provided by, or preventative 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 Director 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 the actual costs of such work. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 persons, and at not more than 50 foot intervals along the excavation or obstruction, from onehalf hour before sunset of each day to one-half (½) hour after sunrise the next day, until the work is completed and the right-of-way is made safe for use. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

All safety devices shall conform to the requirements of the sign manual issued by the Department of Public Works of the State, the Vehicle Code, and the Work Area Traffic Control Handbook, so far as such manuals are applicable.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

If, in the judgment of the Director, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the Director shall assign an inspector, and the permittee shall pay the City in accordance with the schedule of charges as adopted by the Council. This section shall be applicable to all permittees, including districts and other political subdivisions.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

No person shall obstruct the Director, or his duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA

OJAI CODE

§ 7-1.206

§ 7-1.212

Whenever this chapter requires a permittee to perform work, take any action, or be liable for any fee or cost, such requirement also shall apply to any person who commences any work for which a permit is required by this chapter, whether such person obtains such a permit or not. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall stop the 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 or her in violation of this chapter and subject to all the penalties therefor. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Every permit issued pursuant to this chapter for activity or work in, along, on, over, across or under a highway shall be granted subject to the right of the City, or of 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 highway for the purposes set forth in the application shall be filed with the Director.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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, any special requirements and/or specifications which are made a part of the permit. In the event of conflict between two specifications, the higher specification shall apply.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

No change 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 Director. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.212

§ 7-1.217

• (a) When he or she finds that it is not in the best interests of the general public to do so; and

• (b) When he or she finds that it will be detrimental to the public health, safety or welfare. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

A permit may be canceled by the Director for any of the following reasons:

• (a) When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion.

• (b) For failure on the part of the permittee to comply with all of the requirements of the permit; and

• (c) For failure on the part of the permittee to provide for the public safety. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Upon the 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 the right-of-way 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 rightof-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the Director. Where an excavation occurs within an area already paved, the Director may require temporary paving to be installed within 24 hours after the excavated area is backfilled. In the event that the permittee fails to act promptly to restore the right-ofway 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 Director, at his or her option, may make the necessary restoration. The permittee shall reimburse the City in accordance with the schedule of charges adopted by the Council. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 five inches of asphalt or three inches of asphalt on a four inch base. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Where 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. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Where the structural section removed varies from or exceeds the average existing section, the Director may elect to require the replacement of an equivalent section which would meet the

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City of Ojai, CA

OJAI CODE

§ 7-1.217

§ 7-1.222

average structural section requirements. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 Director may waive such resurfacing. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity by utilizing a regional underground facilities coordination agency (such as the underground Service Alert). The permittee shall not interfere with any existing public or private facility without the consent 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. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 shall have the right to support or protect any of its facilities at the sole expense of the permittee. In the event any of such wires, cables, pipes, conduits, poles, or apparatus should be damaged (and, for this purpose, pipe coating or other encasement of devices is considered as part of the 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 or the maintenance of any damaged facility shall be borne by the permittee. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

No structure/equipment 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 such load exceeds the height, width, or weight as stated in the permit, and property damage results therefrom, the Director is authorized to withhold any other permit from the violator until he produces evidence satisfactory to the Director that each additional permit load complies with all the dimensions and weights as shown upon the application and that the load will not interfere with any public utility. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

Where the location or position of an encroachment impairs visibility to vehicular traffic, the Director may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or Traffic Manual of the State, or the Director may require the encroachment to be relocated at the sole expense of the permittee. No encroachment of any nature shall be permitted or maintained which impedes,

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.222

§ 7-1.227

obstructs, denies, or dangerously impairs the sight distance for safe pedestrian vehicular traffic. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the Director in the matters specified on the permit or by attachment, or by any other matter in any way relating to or affecting their use of the highway or right-of-way, 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 of the State, 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 of the State applicable to such public State utility.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 pursuant to this section shall be in accordance with the procedures and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code of the State.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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 preexisting condition, unless the Director permits otherwise.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public. (§§ 2 and 6, Ord. 673, eff. June 8, 1990)

• (a) Spilling of substances from vehicle. No person, while carrying, hauling or moving any dirt, trash, garbage, sawdust, sand, gravel or other loose substance upon, along or over any street in this City shall allow or permit any such dirt, trash, garbage, sawdust, sand, gravel or other such substance to sift, leak, spill or go upon such street.

• (b) Water on streets. All water which is caused or suffered to run across or upon any sidewalk, street or alley in such a manner as to cause inconvenience to any person or persons traveling the same is declared to be a nuisance.

• (c) Merchandise obstructing streets and sidewalks. Placing or keeping or permitting to be placed or kept on the sidewalks or pavements of the main business streets in the City of any goods, wares or merchandise, boxes, vehicles, lumber, bricks, dirt, sand, firewood or any

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City of Ojai, CA § 7-1.227

OJAI CODE

§ 7-1.227

other article or thing is declared to be a nuisance.

• (d) Leaving goods upon the sidewalk. It is unlawful to allow any goods, wares, furniture or merchandise, baggage, equipment or freight of any kind to be or remain upon any public sidewalk of this City for any period of time in excess of 10 minutes, except when the same is in actual process of being loaded into or discharged from a vehicle.

Nothing in this chapter shall prohibit the unloading of goods, wares or merchandise on any sidewalk where the goods, wares and merchandise are immediately removed.

(§§ 2 and 6, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.301

§ 7-1.308

Article 3

Special Provisions for Construction Permits

The provisions of this article shall apply to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, highway lights or lighting systems, or other appurtenance structures. (§ 1, Ord. 645, eff. March 12, 1987)

If, in the opinion of the Director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the Director may require that the application be accompanied by the necessary plans, which plans shall be prepared by a competent licensed engineer. (§ 1, Ord. 645, eff. March 12, 1987)

Before a permittee performs any work prescribed in this chapter, he shall obtain from the City the approved lines and grades therefor. (§ 1, Ord. 645, eff. March 12, 1987)

Driveways shall be constructed of cement concrete where a cement concrete curb exists. (§ 1, Ord. 645, eff. March 12, 1987)

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

(§ 1, Ord. 645, eff. March 12, 1987)

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 center line of the highway. The width of an individual driveway or aggregate widths shall be as prescribed in the adopted City Standards.

(§ 1, Ord. 645, eff. March 12, 1987, as amended by § 3, Ord. 673, eff. June 8, 1990)

The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be 25 feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at a minimum of three feet.

(§ 1, Ord. 645, eff. March 12, 1987, as amended by § 4, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA § 7-1.308

OJAI CODE

§ 7-1.308

Where topographical or traffic conditions are such that a modification of the provisions of Section 7-1.202 of Article 2 of this chapter or Section 7-1.305, 7-1.306, or 7-1.307 of this article is necessary for the promotion of traffic safety, and the Director so finds, he may permit a deviation from the provisions of said sections to the extent he finds necessary. (§ 1, Ord. 645, eff. March 12, 1987, as amended by § 5, Ord. 673, eff. June 8, 1990)

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City of Ojai, CA

PUBLIC WORKS

§ 7-1.401

§ 7-1.407