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HomeMy WebLinkAboutOrdinance #516 ORDINANCE N0- 516 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CALIFORNIA, AMENDING ORDINANCE N0. 290 EN. TITLED "AN ORDINANCE PROVIDING CERTAIN FIRE PREVENTION MEASURES IN THE OIL FIELDS: RE- GULATING THE USE 00 CERTAIN STREETS AND HIGH- WAYS WITHIN THE CITY: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT PITH THIS ORDINANCE AND PROVIDING PENALTIES FOR THE VIO- LATION HEREOF19 AS AMENDED, The City Council of the City of Huntington Beach, i California, do ordain as follows; Section to That Section 10 of Ordinance 290 be amended so as to read as follows: Section 10: It shall be unlawful for any person, firm or corporation, either as principal, agent, servant, employe& or otherwise to .cause or permit crude, distilled or refined oil or petroleum, or water, waste water, or mud r to become deposited upon or to flow upon, into or across any sidewalk curb or street, or into any drainage system, sewer or gutters; provided, however, that the City Council may issue a special permit to any person, firm, or corpora- tion to deposit water or. waste water into any drainage system, sewer or gutter of the City of Huntington Beach, provided t such water or waste water does not contain crude, distilled or refined petroleum or mud or any residuary products of petroleum or other substances mentioned in Section 491 of the Fish and Game Code of the State of California, and pro- vided that an approved clarifier is installed for the purpose of treating said water® r ®1® Ord® 516 • APPLICATION: A verified application for such special permit shall be filed with the Superintendent of Streets together with a fee of $5.00 per well for the use and benefit of said City, which said sum shall be retained by the City whether or not said application is granted or denied; said application shall contain a description of the property upon which said water or waste water is located; if the applicant is not the owner of the property the name of the owner of the said prop- erty, the point where the water will be discharged into the said drainage system, sewer or gutter® The method of clarifying and settling the objectionable substances from, said water, In- cluding plans and specifications of waste water settling . system® If said water is to be conducted over private property belonging to persons other than applicant, a statement that permission from the owner or owners of said property has been secured in writing together with an agreement to indemnify and hold harmless the City of Huntington Beach and its officers and employees from any liability accruing to said City, its officers or employees on account of the granting of said application. The Superintendent of Streets shall investigate said • application and make his recommendation thereof and present same to the City Council at their next meeting. ACTION BY CITY COUNCIL: The City Council may summarily grant or deny said application. In the event of the denial thereof the applicant may within 30 days thereafter upon request �bd granted a public hearing before the City Council, at which hearing the City Council may take evidence for and against the -2- Ord. 516 said permit and either grant or deny said application. FEE: A fee for said permit shall be '$5.00 per month per well, payable in advance on or before the first of each month and shall be considered delinquent after the fifth day of the current month, to the Superintendent of Streets and shall be deposited in the general funds of said City, provided that the filing fee shall be the fee for the first month. PERMIT, WHAT TO CONTA_LN: If the City Council grants said permit, the Superintendent of Streets shall be authorized to issue a permit. The permit shall specify the location of the clarifying plant, type of plant to be used including plans and specificati6ns approved by the Council, the location at which water will be discharged into the street, gutter or sewer, size of discharge pipe and method of discharge and shall contain .an agreement on the part of the applicant to comply with the terms thereof and to indemnify the City of Hunting- ton Beach, its officers and employees from any liability oh i account of the issuance of said permit. On the reverse side of said permit shall be copied Section 481 of the Fish and Game Code of the State of California. The City Council in their discretion may require a bond from the applicant con- ditioned upon the faithful performance of the conditions of said permit including the indemnification from any and all liability on account of the issuance of said tarmit. Said bond shall be in such sum as the City Council shall deem proper. The discharge line shall have a valve. t gate located at the point of discharge capable of being locked. r CANCELLATION OF PERMIT : Upon the violation of any of the -3- Ord. 516 terms of the permit including the payment of any fee before delinquency, the Street Superintendent may temporarily suspend the permit. In which event the Superintendent of Streets shall cite the permittee to appear before the City Council at its next meeting and show cause why his permit should not be cancelled, provided that without suspending said permit the Superintendent of Streets may cite any permittee to show cause before the City Council why said permit should not be cancelled. At said hearing, the City Council shall take evidence and after said hearing shall decide the matter within two weeks. The City Council may cancel, suspend for a definite time, or modify the terms of said permit. Section 2: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be ?published once in the Huntington Beach News , a weekly newspaper, and thirty (30) days thereafter the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 1 tr day of September, 1947. MAYOR ATTEST : City Clerk i -4- Ord. 516 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I , John L. Henricksen, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number " . of members of the City Council of the City of Huntington ?� Beach is five; that the foregoing Ordinance was first i read to said City Council at a regular meeting meeting thereof held on the 2nd day of September , 19479 and was again read to said City Council at a regular meeting thereof held on the 1 th day of September , 1947, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, as follows: AYES : Councilmen Grable, Terry; Hawes, Langenbeek, Bartlett . NOES : Councilmen None ABSENT : Councilmen None City C r:-k and ex-officio Clerk of the City Council of the City of Huntington Beach, California. i nvrl; r TT-