HomeMy WebLinkAboutOrdinance #320 Q • 3
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ORDINANCE NO. 320 � �. � }: ,:...n_a,....:
AN ORDINANCE AMENDING ORDINANCE NO . 280 ENTITLED
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' AN ORDINANCE PROVIDING CERTAIN FIRE PREVENTION
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MEASURES IN THE OIL FIELDS: REGULATING THE
USE OF CERTAIN STREETS AND HIGHIvAYS
WITHIN THE CITYy' REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT WITH THIS ORDINANCE AND
PROVIDING PENALTIES FOR THE VIOLA-
TION HEREOF. "
The City Council of the city of Huntington Beach do ordain as
follows:
SECTION 1. That -Section S of Ordinance No. 280 entitled "An
Ordinance providing certain fire prevention measures in the oil
fields; regulating the use of certain streets and highways within
the city-pp- repealing all ordinances and parts of ordinances in con-
flict with this ordinance and providing penalties for the violation
hereof, " be and the same is hereby amended so as to read (as follows:
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SECTION S. It is hereby declared to be a nuisance and unlawful
for any uncapped well, derrick, rigging sump hole or other drilling
equipment or appurtenances to remain upon any premises in the City of
Huntington Beach for a longer period than ninety (90) days after the
cessation of oil operations thereon; and for the purpose of this
ordinance the following shall be deemed to be cessation of oil
operations, to-wit:
( a) The failure to commence actual drilling operations on said
premises within sixty ( 60) days after the date of the issuance of the
building permit of the city of Huntington Beach for the erection of
the oil or gas well derrick.
b The failure to prosecute diligently the actual drilling of
( ) a g Y g an
oil or gas well on such premises after commencing actual drilling
operations. Diligent prosecution shall mean the carring on of actual
drilling operations continuously and•"in good. faith, for at least eight
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hours per day at least twenty days out of any period of thirty days,
except during a period of. not --over fifteen (15) days during which
casing is being set.
( c) The failure during any sixty (60) consecutive days to produce
and save oil or gas or to operate said derrick or equipment for at
least eight hours per day at least thirty days out of said period.
Provided, however, that nothing herein contained shall be con-
strued to prevent the storage of oil well drilling equipment or
supplies for commercial purposes at locations where there is no un-
capped well nor oil derrick within 125 feet thereof, on .property under
control. '6f the owner -of -such equipment.
For the purpose of this ordinance an uncapped well is defined
as follms: -
Any well in which all or any of the following things have not
been done: -to-wit:
11 casing within. fifteen n feet o h(a) A _ s g e et f the surface of the adjacent
ground_ removed.
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(b) The largest size casing and water string casing in the hole
left therein to a point not less than fifteen feet below the surface
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of the adjacent ground.
(c) The well filled with heavy fluid. 'mud, or concrete to the top
of said outside casing or water string casing.
(d) A solid cement concrete block made formed in one piece and
left in place over the top of said casing with the end of said casing
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in the center(-w - e-e �-e eaalM +^ ^��^+� Hof said block
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which said block is not less than six feet in any dimension or diameter.
( e) The well abandoned and plugged as required by Laws of. the State
of California and rules and regLilations promulgated thereunder.
Any person, firm, association, corporation, trust or syndicate in \� I
charge or control of or having any interest in or owning either in whole
or in part any such nuisance, or the property on which same is located,
whether as principal, agent, servant, employee, or otherwise, who causes
allows or permit6any such nuisance to exist shall be guilty of a mis-
demeanor, and each and every day of the continuance of such nuisance
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shall be deemed to be a separate offense. Proof of ownership or having
charge or control of any interest in such nuisance or premises in whole
or in part shall be conclusive evidence of allowing or permitting the
condition actually existing.
SECTION 2. That section 7 of said ordinance be and the same is
hereby amended so as to read as follows: -
"Section 7. 17henever the City Engineer of the City of Huntington
Beach shall find or believe that a nuisance as defined in this ordi-
nance exists he shall cause notice to be posted in a conspicuous place
upon the premises on which such nuisance exists or is believed to
exist in substantially the following form, to-wit:-
NOTICE OF NUISANCE
To' the Owner and those whom it may concern:-
You are hereby notified that a public nuisance exists upon that
certain real property in the City of Huntington Beach, Orange County,
California, described as follows, to-wit: Lots in Block of
(giving tract name) as shown on a map recorded in Book
at page of Miscellaneous Maps, Orange County Records.
That said public nuisance is a violation of Ordinance No . 280, as
amended of the City of Huntington Beach, and this notice is posted in
accordance with the terms thereof:-
You %ill cause said nuisance to be immediately abated, or show
cause as provided in said ordinance why the conditionsnow existing do
not constitute a nuisance. Failure to abate the nuisance or to show
cause as provided shall be conclusive evidence of the existence of
\\ \ said nuisance.
Dated 19_
Posted 19_ City Engineer of the City of
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Huntington Beach, California..
7hrithin thirty days after the posting of said notice the owner
or any person interested in said premises or said well may file with
the City Clerk a written notice excepting to the posting of said notice
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and to the determination of the City Engineer stated therein, stating
in full the facts and circumstances under oath, shoeing that said
alleged nuisance does not exist. The said notice of exception shall
be presented to the City Council by the said City Clerk at the next
regular or regular adjourned meeting of said City Council and said
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City Council shall thereupon proceed to hear the matter of said ex-
ception and shall determine whether the conditions existing on the
premises constitute a nuisance as defined in this .ordinance and for
this purpose they may take evidence under oath and may continue the
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hearing thereon from time to time until finally determined by them.
The determination of a majority of said City Council shall be final
and binding on all parties appearing under said protest. Failure of
any person to file such notice of exception within thirty days after
such posting shall be deemed to be an admission on the part.! of all
persons not so filing, that a public nuisance does exist upon such
premises.
Thereafter the City Engineer shall proceed to abate said nuisance
and the expense thereof shall be a.Alien upon the premises and shall
.constitute a special assessment and tax against the same and shall be
collected at the same time and in the same manner_ as other city taxes
ag Sy AM AGr%ob Rzr
are collected An itemized statement filed by the City Engineer, with
the City Tax Collector shall be his authority to place the amount thereof
on the Tax Staterrients of said 'ci..ty, for the next ensuing year and
the amounts thereof shall bear like interest and be subject to the
same penalties for non-payment as other City Taxes.
POTION 2. The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published by one insertion
in the Huntington Beach News, a weekly 'newspaper printed, published
and circulated in said City of Huntington Beach. An emergency has
arisen which endangers the peace, health and safety of citizens of
the City of Huntington Beach, and the facts constituting such emergency
are as follows;
That labor upon oil wells and derricks in certain localities of
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said city is ceasing, and such oil derricks, equipment and rigging
stand and remain idle without watchmen�' or supervision, and the, same
become and are a menace to the public peace, health and safety; and
the adoption of this ordinance is necessary for the protection of
said public peace, health and safety. Therefore, this ordinance
shall take effect from and after its passage.
Passed and adopted this day of , 1928.
Mayor of the City of Huntington Beach.
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