Thousand Oaks Municipal Code Art. 7 Relocation and Removal

If any City construction or other maintenance work in a right-of-way requires the relocation or removal of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense; provided, however, when an encroachment has been removed or relocated once at the expense of the permittee, any subsequent removal or relocation demanded by the City within three (3) years after the first removal or relocation shall be at the expense of the City. Such provision shall not apply if such highway becomes a freeway. The provisions of this section are not intended in any way to supersede or override any prior right which otherwise exists in favor of the permittee.

When removal or relocation is required, the City Engineer 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 City Engineer or removed from the right-of-way, 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 or remove the encroachment at the expense of the permittee in accordance with the schedule of charges adopted by the Council.

In determining what is a reasonable time for the purposes of this section, the City Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property of the owner, and other facts peculiar to the particular situation.

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 City Engineer permits otherwise.

(§§ 11251 and 11252, T.O.O.C., as added by Ord. 50)

Any lawful or unlawful encroachment existing prior to August 3, 1965, shall, when removal is required, be removed pursuant to 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.

(§ 11253, T.O.O.C., as added by Ord. 50)