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Home My WebLink AboutOrdinance #356 ORDINANCE NO. a� AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 19 OF SAID CITY, ENTITLED ITLED "AN ORDINANCE PROHIBITING THE OBSTRUCTION OF STREETS, ALLEYS, SIDEWALKS AND PUBLIC PLACES WITHIN THIS CITY OF HUNTINGTON BEACH FOR ANY PURPOSE V9ITHOUT A P.F.R%, IT; ALSO REQUIRING THE LIGHTING OF SAID OBSTRUCTIONS BY NIGHT, AND REGULATING THE CUTTING, EXCAVATING IN, UPON AND ALONG 111PROVED STREETS IN SAID CITY, " AS ATIVIENDED. The City Council of the City of Huntington Beach do . ordain as follows: Section 1. That Section 3 of said Ordinance No. 19 of the City of Huntington Beach entitled "An ordinance pro- hibiting the obstruction of streets, .alieys, sidewalks and public places within the City of Huntington Beach for any purpose with- out a permit; also requiring the lighting of said obstructions by night, and -regulating the cutting, excavating in, upon and along improved streets in said city, " as amended be, and the same is hereby amended so as to read as -follows: "Section 3. Any person, firm or corporation desiring to engage in any trade or business or to move or construct r _ a building, make repairs, or to perform any other work by which it may become necessary to place 'and such building, stand, counter, lunch wagon, wagon stand, band stand, structure, build- ing material, gravel, dirt, excavation or other obstruction aeon or in tlie . streets, alleys, sidewalks or public places within the said- City, riiust first obtain a permit from the Superintendent of Streets -of said City to place any obstruction as hereinabove mentioned upon or in said streets, alleys, sidewalks or public places, and the said. Superintendent of Streets of said City may issue such permit upon the payment of the sum of Five ($5.00) Dollars to the City of Huntington. Beach therefor; provided, how- ever, that in the event the person, firm or corporation making i such application is the owner or holder of a franchise or reser- vation of interest in said street, alley, sidewalk or public place to keep or maintain any pine line, telephone line or pole system ti Ci G k. h t_ in or upon any of said public streets, alleys, sidewalks or public places or said excavation is for the purpose of connecting with sewer, grater or gas pipe lines by such person, firm or corporation, then and in that event said application and- permit may be granted without charge. Each person, firm 'or corporation having authority from the City Council of the City of Huntington Beach, as provided in Section 1 of this Ordinance, to cut, remove, excavate in, upon, across or along any paved or improved street, . alley, sidewalk, curb or other public places in said City, upon and at the tinie of making application to the Superintendent of Streets " I of said City for permit to so -cut or excavate in, upon or along, or remove or obstruct any such paved or improved street, curb, sidewalk, alley or a.i2y other public place, shall pay in lairiful money of the United States, to the City of Huntington Beach, a surd for each and every, square foot *and fraction thereof of all such, paving, curb, sidewalk or other public places proposed to be out or removed as set forth in the statement thereof contained in such application, for the purpose of repairing the damage to said paving, curb, sidewalk or other public places; .except as herein provided; said sum of money shall be calculated according to the following schedule: 25 square feet or lees--fifty (506 ) cents per square foot; more than 25 square feet, up to and includ- ing 500 square feet--thrity-five (350) cents per square foot; in excess of five hundred (500) square feet--twenty-five (25� ) cents per square foot . All money so paid to the City of Huntington Beach shall be deposited in such fund as the City Council may direct, and shall be used and expended by the City of Huntington Beach to re- pair the paved portion of said paved or unproved street, curb, side- walk, alley or other public place in said City. -2- Cr R 2- q I teach application for a permit to obstruct any unimpro- ved, dirt or oiled street, lane, alley or public place shall be accompanied by a special deposit of a sera of money sufficient to I cover the costs of replacing such streets, lanes, alleys, or other public places in the condition in which they were immediately 1 prior to such proposed excavation, which said amount shall be in accordance with the -following schedule: Unimproved or dirt street, alley, lane or public place-, three (30) cents per square foot; oiled street, alley, lane or public place, thirteen (13f) cents per square foot , said schedule shall apply to all persons, firms or corporations alike who make application to obstrua.t .any unim- proved, dirt or .oiled street, lane, alley or public place. All deposits so made shall be held by the City. of Hunting- ton Beach for the period of one year, and in the event of the failure of the applicant to properly fill such excavation with earth and properly tamp, settle and repair the same in such manner as to so nearly as possible return the earth removed by such exca- vation t.o the solidity and firmness in place as the same was before removal, or the failure otherwise of any person, firm or corpor- ation to comply-viith the ordinance in the City of Huntington Beach, relating to the cutting, removal, excavating in, upon or along, or otherwise obstructing any such unimproved, dirt or oiled streets, alleys, lanes or other public places in said City, the said funds so deposited may be used by the City of Huntington Beach to restore all such improvements 'and -make all necessary repairs to said streets, lanes, alleys and other public places. It is provided, however, that in the event the applicant properly fills and settles such ditches and excavations in, on, along or across said unimproved, - dirt or oiled streets, lanes, alleys and other public places to 'the satisfaction of the Superintendent of Streets, and within the period herein' specified, the Superintendent of Streets shall refund and. i j -3- lT 1 T Fp � G L repay to the applicant the said deposit. Each person, firm or corporation cutting, removing or excavating in, upon, across or along any paved or improved street, alley, sidewalk or other public place in said City, and each person, firm or corporation cutting, removing or excavating in, upon, across or along any unimproved, dirt or oiled street, lane, alley or other public place within said City shall back-fill, tamp and settle with grater in layers not exceeding eight (8) inches in depth, all ditches, and excavations in, upon, across or along any public street, alley, sidewalk, curb or other public place within two (2) days after the completion of said work, installation or repair as set out in said permit. It shall be the duty of the Superintendent of Streets of said City to inspect all back-fills of any and all ditches and excavations herein provided for and to enforce the provisions of this Ordinance in respect thereto and to pave and repair all such paved or improved streets, alleys, sidewalks, curbs and other public places. The application herein mentioned shall be upon a form provided therefor by the Superintendent of Streets and each application for permit shall contain the following information: (1) The amount in square feet of pavement, sidewalk, curb, dirt street, or oil and gravel street to be removed or excavated. � a (2) Estimated length of time to make such proposed repair � or installation. (3) And the method of making repair or installation. I (4) Any such other information as may be required by the \ Superintendent of Streets. " 'I Section 2. The City Clerk shall certify to the passage of this Ordinance, and shall cause the same to be published once in the Huntington Beach Nees-, a newspaper .published, printed and circulated -4- x tr a, x � a in said City of Huntington Beach, and thirty (30) days thereafter it shall take effect and be in force. Passed and adopted by the City Council of the City of Huntington Beach at its l r meeting held on the e7 day of 1933. MAYOR N-_ of the Cit untington Beach. 'AT -ST: City Clerk and Ex-Officio Clerk of the City Council of the City of Huntington Beach. A STATE OF CALIFORIJIA, j ss. County of Orange . ) I, C. R. FURR, City Clerk and Ex-Officio Clerk_ of the City Council of the City of Huntington Beach, California do hereby certify that the above and foregoing Ordinance was intro- duced. and read at a regular meeting of the City Council held on the day of may, 3-, and was again read to said City Council on the day of , 1933 at a regular _ meeting of the said City Council, and that said rdinance was adopted by the follotgring vote: Ayes: Councilmen: - f'. Noes: Councilmen: � Absent: Councilmen: =� -5-