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Home My WebLink AboutOrdinance #329 a ' t i j ORDINANCE NO. J,;�, AN ORDINANCE AMENDING. ORDINANCE NO. 280 ENTITLED "AN ORDINANCE PROVIDING CERTAIN FIDE PREVENTION MEASURES IN THE OIL FIELDS; REGULATING THE USE ~� OF CERTAIN STREETS AND HIGHWAYS WITHIN THE CITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION ,!"HEREOF." j The City Council of the City of Huntington Beach do ordain as follows: I I SECTION 1. That Section 8 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; re- pealing all ordinances and parts of ordinances in conflict with this ordinance and providing penalties for the violation hereoftt be and the same is hereby amended so as to read as follows: j I SECTION 8. It is hereby declared to be a nuisance and unlawful for any uncapped well, derrick, rigging, sumphole or other drilling i ; equipment or appurtenances to remain upon any premises in the City of .Huntington Beach for a longer period than ninety (90) days after the ! I cessation of oil operations thereon; and for the purpose of this ord- inance the following shall be deemed to be cessation of oil operations, to-wit: (a) The failure to commence actual drilling operations on said prem- ises within sixty (60) days after the date of the issuance of. the build- ing permit of the City of Huntington Beach for the erection of the oil j or gas well derrick. (b) The failure to prosecute diligently the actual drilling of an i j oil or as well on such i g premises after commencing actual drilling oper- ations .1 ations . Diligent prosecution shall mean the carrying on of actual drill- ing operations continuously and in good faith for at least eight (8) hours per day at least twenty (20) days out of any period of thirty (30) days, except..during- a period of not over fifteen (15) days during which casing is being seta - 1 - i i v s , c) The fa.iltara" to pay for a period of sixty (60) days after the same becomed. due any license tax upon said derrick or well or the business of operating same. i -- u (d) The failure during any sixty (60) consecutive days to pro- duce and save oil or gas or to operate said derrick or equipment, for at least eight (8) hours per day at least thirty (30) days out of said period. Provided, however, that nothing herein contained shall be construed to prevent the storage of oil well drilling equipment or supplies for i commercial purposes at locations where there is no uncapped well nor oil derrick within 125 feet thereof, on property under control of the owner of such equipment . Any person, firm, association, corporation , trust or syndicate in charge or control of or having any interest in or owning either in whole I or in part any such nuisance, or the property on which same is located, whether as principal, agent, servant, employee, or otherwise, who causes, k allows or permits any such nuisance to exist shall be guilty of a mis- demeanor, and each and every day of the continuance of such nuisance j shall be deemed to be a' separate offense. Proof of ownership or hav- ing 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. j I SECTION 2. That Section 7 of said' .ordinance be and the same is 1 i hereby amended so as to read as follows: SECTION 7. Whenever the City Engineer of the City of Huntington Beach shall find or believe that a nuisance as defined in this ordinance 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 I . i substantially the following form, to-wit :., NOTICE OF NUISANCE To the Owner and Those Whom 1t may Concern: You are' hereby notified that a public nuisance exists upon that certain real property in the City of Huntington Beach, Orange County, I - 2 - I i I I 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 Daps, 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 will cause said nuisnnce to be immediately abated, or show cause as provided in said ordinance why the conditions now existing do not con- stitute 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 `. City Engineer of he City Posted , 19 of Huntington Beach Within thirty (30) 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 .and to the determination of the City Engineer stated therein, stating in full the facts and circumstances under oath, showing 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 ad- journed meeting of said City Council and said City Council shall there- upon proceed to hear the matter of said exception and shall determine whether the conditions existing on the premises constitute a nuisance as defined in this ordinance and for the purpose they may take evidence un- der oath and may continue the 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 ( 30) days after such posting -shall be deemed to be an admission on the part of all persons not so filing, that a public nuisance 3 - i I v o i does exist upon such premises . In the event the City Council finds that said nuisance has been abated or does not exist, no further pro- ceedings shall be taken under this ordinance against said property for a period of ninety (90) days thereafter. - I If the City Council shall determine that said nuisance exists and the same has not been abated by the owner thereof, the City Engineer shall immediately proceed to abate said nuisance and the expense of abating said nuisance may be made a lien upon the premises upon which said nuisance existed. Such lien shall be created by the filing with the City Tax Collector of the City of Huntington Beach an itemized state- ment of such expenses and the same shall constitute a special assessment and tax against the said property and shall be collected at the same time and in the same manner as other city taxes 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 Statements of said City 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 . . I I SECTION 3. 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 ; Labor upon oil wells and derricks in certain localities of said City is ceasing, and certain oil derricks, equipment and rigging i stand and remain idle without watchmen or supervision, and the same be- come and are a menace to the public peace, health and safety; and the adoption of this ordinance is necessary for the protection of said pub- lic peace, health and safety. Therefore,. this ordinance ,shall take L. - 4 - i i i i a a c I effect from and after its passage. Passed and adopted by the City Council of the City of Huntington Beach this 16th day of December, 1929 . Mayor of the City of Huntington Beach ATT-EST City. Clerk and ex-officio Clerk of the City Council of the City of Hunting-t'nl E`ea'ch STATE OF CALIFOREIIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH) I, C . R. FURR, City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, do hereby certify..that the foregoing ordinance was introduced and read at a regular meeting of the City Coun- cil of the City of Huntington Beach on the : 2nd dad of December, 1929, j I and the same was again read to said City Council at its regular adjourned j meeting held on the 16th day of December., 1929, and was at said last meet- ing regularly passed and adopted by the following vote, to-wit: I AYES TRUSTEES '.� '. i NOES TRUSTEES ABSENT TRUSTEES City Clerk and ;Ex-officio= Clerk of the City Cou?:cil of the :Cit.• of Huntington Bea•ci, Calif� nia if y i i i • _ 5