Port Hueneme Municipal Code Div. 2 Permit Procedures

(a) Permit Required. Every person shall obtain a permit from the Director of Public Works for any of the following:

(1) Moving or causing to be moved over, along or across any highway any "Load" or "Vehicle";

(2) Making or causing to be made any excavation or encroachment in any highway;

(3) Placing, changing or relocating any encroachment;

(4) Placing, constructing, or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of any nature located on, in, over, under, along or across any highway;

(5) Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility within any highway:

(6) Placing or leaving any impediment to travel upon any highway.

No person shall participate in, or perform or cause to be performed, any of the acts described in this Section unless there is in full force and effect a validly issued permit therefor.

Each permittee shall present for inspection a copy of the permit to any public official upon his request therefor, made at any reasonable time and place.

(b) Permit Applications. Applications or permits shall be made upon a form provided by the Director of Public Works. Such applications shall clearly specify the following:

(1) The nature of the activity;

(2) The location of the activity;

(3) The duration of the activity;

(4) The name, address and legal status of the applicant;

(5) The name and address of the person who will be in charge of the activity; and

(6) Such other information as the Director of Public Works deems necessary, including, but not limited to plans and specifications for the project contemplated.

(c) Expiration of Permit—Time Extension. Each permit shall specify the time the permit shall become null and void. The permit shall become null and void on the date so specified unless the time is extended. The Director of Public Works, for good cause, may extend such time.

(d) Issuance of Permit. The Director of Public Works shall issue the permit as requested if he finds;

(1) That the activity will not cause any unreasonable interference with the public's use of the highway; and

(2) That the activity is reasonably necessary and is consistent with the public interest: and

(3) That the activity can be conducted without the probability of injury to persons or property; and

(4) That all fees and charges established by the Resolution and/or deposits required hereunder have been paid or deposited.

(e) Imposition of Conditions Upon Issuance. The Director of Public Works shall be empowered to conditionally issue a permit where he finds such conditions are reasonably necessary to ensure compliance with the provisions of this Code and to carry out the purpose of this Chapter. Such conditions may include, but are not limited to, the following:

(1) The relocation, reconstruction, replacement or protection of any existing objects or structures, natural or manmade; and

(2) The routes to be utilized: and

(3) The locations to be utilized; and

(4) The depth, location, dimension and number of excavations to be permitted: and

(5) The type and nature of equipment, safety devices and personnel to be utilized; and

(6) The type and method of construction; and

(7) The duration of the term of the permit; and

(8) The amount of the required security deposits to be made, if any. The amount and form of such deposits shall be set by the Director of Public Works, based upon the estimated cost to the City of administration, engineering, field inspection and other services required.

(f) Denial of Application. If the Director of Public Works finds that any of the facts set forth in Paragraph three (3) hereof are not present, he shall refuse to issue the permit.

(g) Notice of Decision. The Director of Public Works shall give written notice to the applicant and others advising the same of his decision regarding a permit application.

(h) Appeal from Decision of Director of Public Works. Any decision of the Director of Public Works with regard to the issuance, refusal to issue, or conditional issuance of a permit shall be final and conclusive on the tenth day after the giving of written notice thereof to the applicant in the absence of an appeal filed in the time and manner set forth in Article I, Chapter 4 of this Code. Such appeals shall be processed and heard as prescribed in said Article I, Chapter 4 except that no filing and processing fee shall be required.

(i) Revocation of Permit. The Director of Public Works shall revoke a permit after its issue if he finds:

(1) The operations thereunder are not being conducted in compliance with the provisions of this Chapter, the conditions of issuance, and all applicable laws; or

(2) The operations, as conducted, constitute a public nuisance or present an unwarranted possibility of injury to persons or property. In such case, the Director of Public Works shall issue, and give notice of, an Order of Suspension in the manner set forth in Section 5106 of this Code. Such an Order shall be effective, and subject to the appeal process, in the time and manner set forth in said Section 5106; or

(3) The applicant for a permit falsified information on the permit application.

(j) Permits Non-Transferable. Permits issued under the authority of this Part are non-transferable.

(k) Compliance. Every person who commences any activity or work regulated by this Part must comply with the provisions of this Part. The provisions of this Part, the provisions of the specifications and all Codes referred to by this Part shall be deemed to be conditions of approval imposed upon each permit.

(All persons shall obey and comply with every order, decision, direction or rule made or presented by the Director of Public Works 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.)

(l) Certificate of Completion. If the Director of Public Works ascertains that the work has been completed according to the requirements of the permit issued therefor and of all applicable laws, he shall issue, if requested to do so by the permittee, a certificate of completion which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(m) Obligations of Permittee.

(1) Whenever street reconstruction has occurred, within the twelve (12) months immediately preceding the permit issuance, permittee shall resurface the entire street within the limits of the longitudinal excavation. Individual service cuts to a single lot are exempted.

(2) Whenever street reconstruction has occurred within the last three (3) years but not less than one (1) year preceding the permit issuance, permittee shall resurface the half street within the limits of the longitudinal excavation. Individual service cuts to a single lot are exempted.

(3) Whenever street reconstruction has occurred within the last five (5) years but not less than three (3) years preceding the permit issuance, permittee shall resurface the street within the limits between the edge of the gutter and the longitudinal excavation. Individual service cuts to a single lot are exempted.