Thousand Oaks Municipal Code Art. 3 Permits

(a) Required. It shall be unlawful for any person to encroach, or to make or cause to be made any encroachment, or to do any encroachment work upon, over, under, or within any right-of-way in the City without first obtaining a permit from the City Engineer.

(b) Exceptions. 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 shall be subject to removal under the procedure and penalties set forth in Sections 1481 through 1485 of Chapter 6 of Division 2 of the Streets and Highways Code of the State.

(§ 11050, T.O.O.C., as added by Ord. 50)

(a) Form. The City Engineer shall prescribe and provide a form of application for the permits required by the provisions of this article. The application form shall contain spaces for the following:

(1) The applicant’s name and address;

(2) The contractor’s name, license number, and place of business; and

(3) Sufficient detail as, in the judgment of the City Engineer, is necessary to show the purpose, location, and dimensions of the proposed encroachment.

Applications for tract directional signs shall also require the submission of a location map indicating the exact installation site for each such sign.

(b) Filing. The application form shall be completed, signed by the applicant, and filed with the City Engineer, together with all fees, cash deposits, bonds, certificates of insurance policies, and any other documents which are required by the provisions of this chapter to be submitted with the application form.

(§ 11051, T.O.O.C., as added by Ord. 50, as amended by § I, Ord. 358-NS, eff. April 12, 1973)

When required by the City Engineer, the applicant shall attach to, or enclose with, the application a map, plot, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment.

(§ 11052, T.O.O.C., as added by Ord. 50)

The schedule of fees to be paid to the Public Works Department shall be in accordance with the fee schedule adopted by Council resolution.

(§ 11053, T.O.O.C., as added by Ord. 50, as amended by §§ 1 and 2, Ord. 128-NS, eff. January 22, 1970, § II, Ord. 358-NS, eff. April 12, 1973, and § I, Ord. 778-NS, eff. June 11, 1981)

(a) Deposits. Before a permit is issued, the applicant shall deposit with the City Engineer cash or a check in a sufficient sum to cover the fees established by the Council. Public utilities and political subdivisions may, at the option of the City Engineer, make payment for such fees as billed by the City instead of by advance deposit.

(b) Refunds. Fees shall not be refunded unless no permit is issued or unless the permit issued is rejected by the permittee because of special conditions imposed therein.

(§ 11054, T.O.O.C., as added by Ord. 50)

Upon receiving an application in the proper form, together with all other items required to be submitted, the City Engineer shall issue a written permit subject to the conditions set forth in this chapter and required by law, authorizing the encroachment described in the application, unless grounds exist for refusing to issue the permit.

(§ 11056, T.O.O.C., as added by Ord. 50, as amended by § III, Ord. 358-NS, eff. April 12, 1973, and § 5, Ord. 1621-NS, eff. September 30, 2016)

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.

(§ 11069, T.O.O.C., as added by Ord. 50)

The City Engineer may provide in any permit issued pursuant to the provisions of this chapter any requirements which he finds will substantially aid in the protection of the highway or of the traveling public. The City Engineer may establish special provisions for the work to be done under the permit, including the equipment to be used, the type of backfill, paving, traffic signs or devices, hours of work, flagmen, lights, or inspections. He may also require whatever advance notice he deems proper for requests for inspections. The City Engineer may add such requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall become an integral part of the permit.

(§ 11059, T.O.O.C., as added by Ord. 50)

The City Engineer may refuse to issue a permit on the following grounds:

(a) That the applicant is not a responsible person. In determining whether or not the applicant is a responsible person, the City Engineer may consider the reports of other persons as to the applicant's reputation for faithfully completing construction projects; and

(b) That the encroachment will not be in the public interest or will be detrimental to the public health, safety, or welfare.

(§ 11057, T.O.O.C., as added by Ord. 50)

If any of the provisions of the permit or this chapter are violated, the City Engineer may serve written notice upon the permittee in violation, giving the permittee twenty-four (24) hours in which to correct the violation. If the violation results in a danger to life or property, the notice shall state that all encroachment work shall stop until the violation is corrected. If, after twenty-four (24) hours from the issuance of the notice, the violation is not corrected or there is no evidence that diligence is being used to correct the violation, the City Engineer may revoke the encroachment permit, subject to the right of the permittee to appeal such revocation pursuant to the appeal provisions of this chapter.

Action taken pursuant to the provisions of this section shall not constitute a bar to criminal proceedings provided for in this chapter.

(§ 11061, T.O.O.C., as added by Ord. 50)

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

(§ 11070, T.O.O.C., as added by Ord. 50)

The permittee shall keep any permit issued pursuant to the provisions of this chapter, or a copy thereof, at the site of work, or in the cab of the vehicle when movement thereof on a public highway is involved, and the permit shall be shown to any authorized representative of the City Engineer or law enforcement officer upon demand.

(§ 11071, T.O.O.C., as added by Ord. 50)

No permit issued pursuant to the provisions of this article shall be transferable or assignable to any other person.

(§ 11072, T.O.O.C., as added by Ord. 50)

The City Engineer may issue an annual blanket permit authorizing the placing, replacing, or repairing of any facilities within a right-of-way where the opening or excavation does not exceed two (2’) feet in width and sixty (60’) feet in length, excavated at a right angle to the center line of the road, or an excavation not exceeding thirty (30) square feet in area. The City Engineer may issue an annual blanket permit authorizing the trimming of trees to a public utility regulated by the Public Utilities Commission of the State or to a person holding a franchise from the City.

(§ 11058, T.O.O.C., as added by Ord. 50, as amended by §§ 3 and 4, Ord. 128-NS, eff. January 22, 1970)

Before a vehicle or combination of vehicles or object of a weight or dimension or characteristic prohibited by law without a permit is moved on any public highway, a permit to do so shall first be granted by the Division of Highways, Department of Public Works of the State, or by the City Engineer. 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 City Engineer shall not grant a permit to move such building or structure until the applicant furnishes to the City Engineer evidence that such owner has such relocation permit.

Before issuing a permit for the movement of a vehicle or object with a rolling height of over sixteen (16’) feet, the City Engineer shall require evidence of approval of height clearance from the public utility companies having overhead lines crossing the proposed route.

(§ 11400, T.O.O.C., as added by Ord. 50)