A. 
This chapter shall be known and may be cited as the "encroachment ordinance."
B. 
The provisions of this chapter shall operate as a supplement to all applicable California Code sections concerning encroachments on city streets and roadways.
C. 
In the event of conflicting provisions the most restrictive shall prevail.
D. 
Whenever reference is made to any portion of this chapter or any other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.
(Ord. 6 § 16, 1983; Ord. 527, 4/16/2025)
A. 
Unless the provisions or the context otherwise require, this article shall govern the construction of this chapter.
B. 
This chapter shall not apply to any officer or employee of the county in the discharge of his official duties. Work performed by any person under contract with or at the request of the county is exempt from the fee and bond requirements of this chapter.
(Ord. 6 § 16, 1983)
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.
(Ord. 6 § 16, 1983)
As used in this chapter:
"Actual cost"
is defined as the amount determined by applying the provisions of the encroachment fee resolution, as adopted by the board of supervisors.
"Applicant"
means 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"
means that portion of the highway structural section located between the pavement and the native soil.
"Commissioner"
means the direcctor.
"County"
means the county of Ventura, state of California.
"Director"
means the director of the city's department of public works or his or her designee.
"Driveway"
means 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"
includes 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 chapter, which is placed on, in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to 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"
means the work of constructing, placing or installing an encroachment in a right-ofway.
"Fiber"
means fiber optic cables, and related ancillary equipment such as conduit, ancillary cables, hand holes, vaults and terminals.
"Height"
means that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.
"Highway"
means any public highway, public street, public way, or public place in the unincorporated territory of the county, either owned by the county or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of the right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.
"Load"
means any object or thing which when transported by a vehicle or combination of vehicles over, upon, along or across any highway would be required to have a special permit in accordance with provisions of the Vehicle Code and includes but is not limited to, any house, vessel, machine, missile, equipment, transformer, tree, girder, boat or airplane.
"Microtrench"
means a narrow open excavation trench that is less than or equal to four inches in width and not less than 12 inches in depth and not more than 26 inches in depth and is created for the purpose of installing a subsurface pipe or conduit.
"Microtrenching"
means the excavation of a microtrench.
"Moving contractor"
means any person who for himself or for another moves or causes to be moved any load over, upon, along or across any highway.
"Native soil"
means the compacted native material.
"Overhead structure"
means any structure, other than franchise utility poles and their facilities extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in Division 3 of the county code, known as the "building code."
"Pavement"
means the surfaced portion of the highway structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds.
"Permittee"
means any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the commissioner pursuant to the provisions of this chapter.
"Person"
includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, any district, any city, any county including this county, and all departments and bureaus thereof except the road maintenance division of this county.
"Public"
means any person as defined in this chapter other than the county road maintenance division and includes the United States and this 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 county for use of the general public for public road purposes.
"Section"
means a section of this chapter unless some other ordinance, division or statute is expressly cited.
"Shall"
is mandatory. "May" is permissive.
"Vehicle"
means a vehicle or combination of vehicles as described in the Vehicle Code which:
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.
"Vehicle Code"
means the state of California Vehicle Code in effect at the time of issuance of the permit.
"Width"
means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved.
(Ord. 6 § 16, 1983; Ord. 527, 4/16/2025)
A. 
In the conduct of the encroachment work, supplies and excavated materials shall be properly placed and the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs and watchmen as are necessary to protect the public. Any omission on the part of the commissioner to specify in the permit what safety devices shall be provided by or preventive 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 commissioner 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 in accordance with the schedule of charges as adopted by the board of supervisors.
B. 
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 excavation or obstruction to give adequate warning to such persons and at not more than 50 foot intervals along the excavation or obstruction, from 1/2 hour before sunset of each day to 1/2 hour after sunrise the next day, until the work is completed and the right-of-way made safe for use.
C. 
All safety devices shall conform to the requirements of the sign manual issued by the Department of Public Works of the state and the California Vehicle Code, so far as such manuals are applicable.
D. 
When the location or position of an encroachment impairs visibility to vehicular traffic, the commissioner may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the state, or the commissioner may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.
E. 
The commissioner may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.
(Ord. 6 § 16, 1983)
If in the judgment of the commissioner it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the commissioner shall assign an inspector and the permittee shall pay the county in accordance with the schedule of charges as adopted by the board of supervisors. This section shall be applicable to all permittees including districts and other political subdivisions.
(Ord. 6 § 16, 1983)
No changes 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 commissioner.
(Ord. 6 § 16, 1983)
A. 
Upon 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 it in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced.
B. 
The permittee shall remove all obstructions, materials and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the commissioner.
C. 
Where excavation occurs within areas already paved the commissioner may require temporary paving to be installed within 24 hours after the excavated area is backfilled.
D. 
In the event that the permittee fails to act promptly to restore the right-of-way as provided herein, 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 commissioner may, at his option, make the necessary restoration. The permittee shall reimburse the county in accordance with the schedule of charges as adopted by the board of supervisors.
(Ord. 6 § 16 (part), 1983)
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 two inches. The base course removed shall be replaced to the same thickness as that of the surrounding base course.
(Ord. 6 § 16 (part), 1983)
When 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.
(Ord. 6 § 16 (part), 1983)
When the structural section removed varies from or exceeds the average existing section the commissioner may elect to require the replacement of an equivalent section which would meet the average structural section requirements.
(Ord. 6 § 16 (part), 1983)
In those instances where the permittee's excavation is within an area of highway to be reconstructed by the county and the resurfacing of the excavation is an integral part of the general county improvement, the commissioner may waive such resurfacing.
(Ord. 6 § 16 (part), 1983)
A. 
The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity.
B. 
The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner.
C. 
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.
(Ord. 6 § 16 (part), 1983)
A. 
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 has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said wires, cables, pipes, conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of a 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.
B. 
The expense of repairs to any damaged facilities shall be borne by the permittee.
(Ord. 6 § 16 (part), 1983)
A. 
No moving contractor, as defined in Section 12.04.040 of this chapter, 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 said load exceeds height, width or weight as stated in the permit and property damage results therefrom, the commissioner is authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the commissioner that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility.
B. 
The permittee violating this section may also be prosecuted under the provisions of Article VIII of this chapter.
(Ord. 6 § 16 (part), 1983)
A. 
Permittee shall maintain adequate public liability insurance, including motor vehicle insurance, to protect him from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations be by himself or by any agent or by anyone directly or indirectly employed by him or his agents.
B. 
Certificates of insurance shall be filed with the commissioner and shall be subject to his approval for adequacy of protection.
(Ord. 6 § 16 (part), 1983)
The county may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to public health, safety or welfare. Removal and relocation of encroachments under this section shall be in accordance with the procedure and penalties provided in Sections 1481— 1485 of the Streets and Highways Code.
(Ord. 6 § 16 (part), 1983)
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 commissioner permits otherwise.
(Ord. 6 § 16 (part), 1983)
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. Except as provided in Section 942.5 of the Streets and Highways Code at no time shall a public highway be closed, or the use thereof denied to the general public.
(Ord. 6 § 16 (part), 1983)
Every person owning, using, controlling or having an interest in any pipe, conduit, duct or tunnel under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia or oil, or for any other purpose, shall file in the office of the county permit engineer within 60 days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than 200 feet to one inch showing the complete installation of all such pipe, conduit, duct or tunnel. The same is required showing location in detail of such pipe, conduit, duct or tunnel when such is abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this section.
(Ord. 6 § 16 (part), 1983)
All persons shall obey and comply with every order, decision, direction or rule made or presented by the commissioner 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.
(Ord. 6 § 16 (part), 1983)
A. 
Every person except as otherwise provided in this chapter shall obtain a permit from the commissioner before he:
1. 
Moves or causes to be moved on, over, along or across any highway any load or vehicle;
2. 
Makes or causes to be made any excavation or encroachment in any highway;
3. 
Places, changes or renews an encroachment; however, that 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 are subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code;
4. 
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 highway;
5. 
Constructs, reconstructs or repairs any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. This subsection does not apply if any agreement with the county exists for the construction, reconstruction or maintenance of such installation;
6. 
Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;
7. 
Places or leaves any impediment to travel upon any highway;
8. 
Erects or maintains any post, sign, banner, pole, fence, guardrail, wall, loading platform or any other structure on, over, under or within a right-of-way;
9. 
Plants or removes any tree, shrub or growing thing within a right-of-way;
10. 
Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a right-of-way;
11. 
Uses a right-of-way or other county property for commercial motion or still picture photography;
12. 
Uses the right-of-way in any manner for purposes of seismological exploration;
13. 
Conducts land surveying operations or making 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;
14. 
Causes or permits water (other than water from natural sources) to flow onto or upon any street or road wherein said water is contained within the improved section by curbs or berms.
B. 
Any person who does any of the acts specified in this section, without the authority of an encroachment permit, is guilty of a misdemeanor.
(Ord. 6 § 16 (part), 1983)
Whenever this chapter requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies 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.
(Ord. 6 § 16 (part), 1983)
Any person who commences any work for which a permit is required by this chapter without first having obtained a permit therefor, shall stop 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 in violation of this chapter and subject to all penalties thereof.
(Ord. 6 § 16 (part), 1983)
Every permit issued under this chapter for activity or work in, along, on, over, across or under the highway shall be granted subject to the right of the county 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 highways for the purposes set forth in the application shall be filed with the commissioner.
(Ord. 6 § 16 (part), 1983)
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, to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications the higher specifications shall apply.
(Ord. 6 § 16 (part), 1983)
The commissioner may refuse to issue a permit under the following conditions:
A. 
When he finds that it is not in the best interest of the general public to do so;
B. 
When he finds that it will be detrimental to the public health, safety or welfare.
(Ord. 6 § 16 (part), 1983)
A. 
A permit may be cancelled by the commissioner for any of the following reasons:
1. 
When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;
2. 
By failure on the part of the permittee to comply with all of the requirements of the permit;
3. 
By failure on the part of the permittee to provide for the public safety;
4. 
For cause.
B. 
Action taken under this section shall not constitute a bar to criminal proceedings provided for in this chapter.
(Ord. 6 § 16 (part), 1983)