Thousand Oaks Municipal Code Art. 4 Security Instruments

Unless exempted from such requirement by law or by the City Engineer, each applicant, before obtaining a permit, shall deposit with the City Engineer a cash deposit consisting of cash or a certified or cashier’s check in a sum to be fixed by the City Engineer as sufficient to reimburse the City for restoring the right-of-way to its original condition. Such cash deposit may be used by the City for either traffic control or emergency work on an as needed basis as determined by the City Engineer. Where the size, nature, and location of the project warrants, the City Engineer may require an additional time completion deposit which shall be held by the City for the duration of the encroachment activity. The permittee shall forfeit to the City a portion of such deposit for each calendar day beyond the number of days specified on the encroachment permit. The daily amount to be forfeited shall be in accordance with the fee schedule adopted by Council resolution. The time completion deposit or any unused portion thereof shall be returned to the permittee within sixty (60) days upon the acceptance of the work by the City Engineer.

(§ 11100, T.O.O.C., as added by Ord. 50, as amended by § I, Ord. 778-NS, eff. June 11, 1981)

In lieu of the cash deposit required by the provisions of Section 7-2.401 of this article, the applicant, with the approval of the City Engineer, may file a surety bond issued by a company authorized to do a general surety business in the State, in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition. Where the size and nature of the project warrant, the City Engineer may require an additional deposit of Five Hundred and no/100ths ($500.00) Dollars cash for traffic control or emergency work.

(§ 11011, T.O.O.C., as added by Ord. 50)

In lieu of the cash deposit required by the provisions of Section 7-2.401 of this article, the applicant, with the approval of the City Engineer, may file a certificate of deposit or savings and loan share assignment as a deposit in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition. Certificates of deposit or savings and loan share assignments shall be in conformance with the requirements established by the City Engineer and approved by the Council.

(§ 11102, T.O.O.C., as added by Ord. 50)

In lieu of the cash deposit, bond, certificate of deposit, or savings and loan share assignment required by the provisions of Sections 7-2.401 through 7-2.403 of this article, the applicant may, with the approval of the City Engineer, annually file with the City Engineer a surety bond issued by a company authorized to do a general surety business in the State, in a sum fixed by the City Engineer as sufficient to reimburse the City for restoring the right-of-way to its original condition, in accordance with the schedule of charges adopted by the Council.

(§ 11103, T.O.O.C., as added by Ord. 50)

In lieu of the cash deposit or bond required by the provisions of Sections 7-2.401 and 7-2.402 of this article, an applicant for a permit to move a vehicle may, upon approval by the City Engineer, file with the City Engineer an approved certificate of insurance issued by a company authorized to do a general insurance business in the State, in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition in case of damage caused by moving any vehicle.

(§ 11104, T.O.O.C., as added by Ord. 50)

The City Engineer may at any time require an additional bond or cash deposit if he finds that the amount of a bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way in accordance with City standards and the schedule of charges adopted by the Council.

(§ 11105, T.O.O.C., as added by Ord. 50)

Any deposit required by the City Engineer pursuant to the provisions of this chapter shall be payable to the City and shall be filed and deposited with the City Engineer. Ninety (90) days after the satisfactory completion of all authorized work and the fulfillment of all conditions of the permit, the City Engineer shall release the deposit upon the application of the permittee.

(§ 11106, T.O.O.C., as added by Ord. 50, as amended by § 1, Ord. No. 1537-NS, eff. June 25, 2010)

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

(§ 11107, T.O.O.C., as added by Ord. 50)

Public utilities operating under the jurisdiction of the Public Utilities Commission of the State, utilities holding a franchise from the City, and governmental agencies may be relieved by the City Engineer of the obligation of furnishing a restoration bond if the City Engineer is satisfied that proper restoration will be made.

(§ 11108, T.O.O.C., as added by Ord. 50)