HomeMy Public PortalAboutOrd. 0011I,
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1 ORDINANCE +' N0,11_
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3 AN ORDINANCE OF THE BOARD OF TRUSTEES OF 1
4 THE CITY OF LYNWOOD REGULATING EXCAVITIONS IN
5 PUBLIC STREETS IN SAID CITY AND PROHIBITING THE
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DIGGING UP OF SUCH STREETS WITHOUT A PERMIT, - -
7 AND FIXING A PENALTY FOR TIM VIOLATION THERE0F.
8 The Board of Trustees of the City'of Lynwood do ordain
9 as follows;
10 Section 1. It shall be unlawful for any person., firm or
11 corporation to make or cause, or permit to be made any excavation in
12 or under the surface of any public street, alley, sidewalk or other
13 public place within the City of Lynwood, or to erect any teleg aph,
14 telephone, electric light or other poles in any such public street or
15 public place within the said Cit
V y,_Aithout first obtaining a permit.
1s in writing from the Street Superintendent of said City so to do, and
17 making a deposit to cover the cost of inspection and of restoring
18 such public street, alley, sidewalk or other public place to its orig.
19 inal condition, together with the incidental'expenses•in connection
20 therewith, as in this ordinance provided.
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Section 2. The Street Superintendent before issuing any
22 permit for an excavation in any public street, alley or public place
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in the City of Lynwood, shall require an application therefor to be
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made and'filed with said Street Superintendent wherein the applicant
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shall set forth the name and residence of business address of the
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person, firm or corporation, making such application, and shall state
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in detail the location and area of each excavation intended to be
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made and shall state the purpose for which the excavation is to be
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30 made and used; and said Street Superintendent shall also require
31 a special deposit of a sum of money in proportion to the extent of
32 such excavation as a guarantee for the restoration of said street,
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1 alley or public place to as good and perfect a condition as it was
2 before the excavation, Such deposit shall be a sum equal to twenty
3 cents for each square foot of surface of such excavation to be made
4 in streets or other public places which have been gravelled, oiled or
5 otherwise improved, and a sum equal to ten cents for each square foot
s of surface of such excavation to be made in streets or other public
7 places which have not been gravelled nor otherwise improved;.provided.
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a that no deposit shall be less than Two ($2.00) Dollars on any permit
9 for an excavation in a street which has been gravelled or otherwise
10 improved; nor less than One 01.00) Dollar on any other permit here -
11 under; and provided further that any person, firm or corporation in-
12 tending to make excavations in any public street, alley or other
13 public place, may make and maintain with said Street Superintendent
14 a eneral deposit which shall
g p permit one issuance of permits for ex-
15 cavations, which at the ratesabove stated will not exceed the amount
1s of such deposit.
17 Such permit shall state whether the work to be done is
18 covered by a general or special deposit and if a special deposit
19 shall state the amount thereof, and shall be a receipt therefor.
20 'It shall also specify the person, .firm or corporation to
21 whom the same is issued, the street, alley,or other public place
22 and the particular part thereof to be excavated, and the extent of
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such excavation and the time within which the same shall be made
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and the street restored to its former condition; provided, however,
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26 in case of break or leak in any water or gas pipe or in case of other
27 emergency, immediate repairs may be made, in which event a permit
za shall be taken out as-required by this Ordinance within twenty -four
29 (21) hours after the making of such repairs. Also, provided, that
30 in the event of the absence, or the inability to act of the Street
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Superintendent, the City I.:arshal may issue such permits, in accord -
32 ante with the terms of this Ordinance, and be vested with all the
powers of the Street Superintendent under this Ordinance during the
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1 period of his absence or inability tb act.
2 Section 3. No permi0shall be transferable and the work
3 for which said excavation is made shall prosecuted with due dili-
4 Bence and so as not to obstruct the street and travel thereon more
5 than is actually required to perform the work; and in case the work
6 is not prosecuted with due diligence or completed within the tide
7 specified within such permit, or within the time to which the same
8 may be extended by the Board of Trustees, or is prosecuted so as to
9 obstruct the street or travel thereon unnecessarily, or in case such
10 street, alley, or public place is not I restored to its former conditio
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rri.thin the time.fixed in said permit, said Street Superintendent
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shall notify the pp_°snn, nr persons to whom the permit was issued that
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the holder thereof has not complied with the terms of said permit
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and lo comply with the same within three 13) days after the service
16 of such notice. if such notice is to refill an excavation .and is not
complied with to the satisfaction of the Street Superintendent, said.
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Street, shall do such work as may be necessary to refiI
19 such excavation and to restore the street or other public 'place or
20 part thereof excavated, to as good a condition as the same was in
21 before such excavation was made and the City of Lynwood shall retain
22 the cost of such refilling from the special deposit made "or such
23 excavation, if a special deposit shall have been made, or in case a
24 ;oreral deposit is maintained as provided in this Ordinance, the said
25 City shall retain s „ c i amotr,t from such general deposit. •
26 Section 4. The person, firm or corporation by Whom any
27 excavation shall be made in any public street or alley or other
28 public place shall be deemed and held to guarantee the work of refill
2 9 ing and repair thereof -for the periods of six (6) months after the
30 refilling of such excavation against all defects in workmanship or
31 material. Renever within such period of six (6) months any part
32 of the surface or place so guaranteed becomes in need of repairs, by
reaQon of any defect such work or refilling or repair, the Street
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Superintendent shall serve on the person, firm or corporation by
whom the excavation was made, a written notice stating the repairs
necessary, and requiring such repairs to be made within five (5)
days after the service of such notice.
°The City shall thereupon proceed to do said work after
said five (5) days notice, in the event the same is not done to the
satisfaction of the Street Superir.tenaent, in compliance with the
(terms of said notice, and the Street Superintendent shall deduct the
cost of any work done or repairs made by him, as provided for in
this 'Ordinance, from any and all deposits then on hand, belonging to,
or that may thereafter be made by any person, firm or corporation
required by this Ordinance to do any work, or to make any repairs,
under the provisions of this Ordinance, and who shall have failed,
refused or neglected to perform such work, or to make such repairs.
The balance of any deposit on hard shall be returned to the depositor
after the expiration of six (6) months from the completion of the
refilling of all excavations by such depositor, or after the com-
pletion of the same by the Street Superintendent as herein specified.
Section 5. The Street Superintendent shall deposit in
the City Treasury all moneys received, pursuant to this Ordinance,.
in a special fund which shall be kept by the City Treasurer of sod,
City and designated "Street Repair Deposit fund" and the cost of any
work done or repairs We by the Street Superintendent pursuant to
this Ordinance, shall be paid upon demands audited and paid in the
same manner as other demands against the City are audited and paid,
and the allowance of such demands by the Board of Trustees shall be
final and conclusive as to the cost thereof. All moneys refunded
pursuant to the provisions of this Ordinance shall be paid upon de-
mands audited and paid in the same manner as other demands against
the City are audited and paid.
Section 6. It shall be unlawful for any person, firm or
corporation to make or cause or permit to be made any excavation in
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1 any public street, alley or other public place for the purpose of
2 removing soil or navel therefrom, or to remove or to cause or per -
3 mit to be removed therefrom any soil or gravel 'without first obtain -
4 ing a nermit in writing from the Board of Trustees so to do.
5 Section 7. It shall also be the duty of every person,
s firm or corporation making any excavation in any public street, alley
7 or other public place, to,place and maintain barriers at each end of
8 such excavation, and at such places as may be necessary along the
9 excavation to prevent accidents, and also to place and maintain light
10 at each end of such excavation, and at distances of not more than
11 fifty (50) feet along the line thereof, from sunset of each day to
12 sunrise of the next day, until such excavation is entirely refilled;
13 and it shall be unlawful for any person, firm or corporation to fail,
14 neglect or refuse to comply with the requirements of this section.
15 Section 8. It shall be unlawful for any owner, occupant,
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or person having control or care of any lot or premises fronting
17 upon any public street, lane or alley in the City of Lynwood, to fail
18 neglect or refuse to keep the sidewalk immediately in front of said
19 property and the space between the curb line and the property line
20 of said property free from weeds and other vegetation growing thereon
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except such as may be sown or planted for purposes of ornamentation,
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of to fail,,neglect or refuse to keep the same .free from dirt, filth,
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garbage or rubbish other than the natural soil of the same, or to
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25 keep said sidewalk and said space free from all holes or obstruction
26 dangerous to life and limb, except or excavations caused or
27 made by any company, firm, corporation, or individual having a
28 franchise for theerection of poles, the laying of pipes and work of
a similar nature.
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30 Section 9. Any person who shall violate any of the pro-
31 visions of this Ordinance shall" be deemed guilty of a misdemeanor
32 and upon conviction thereof shall be punished by a fine rot to
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exceed One Hundred ($100.00) Dollars, or by imprisonment in theCoiinty
Jail of Lbs Angeles County' for a term not exceeding thirty (30)
days, or by both such fine and imprisonment.
Section 10. This Ordinance is urgently required for the
immediate preservation of the public health, peace and safety. The
following is a specific statement showing the urgencIr Of this
ordinance:
That said City of Lynwood has no ordinance regulating
excavations in public streets in said City or prohibiting the diggi
up of such streets without a permit and an ordinance - regulating such
excavations and prohibiting the digging up of such streets without
a permit is now immediately required.
Section 11. The City Clerk shall certify to the passage
of this Ordinance by a vote of four — fifths of .all the members of
the Board of Trustees of said City of Lynwood., and its approval by
the President of said Board, and there being no newspaper of general
circulation published and circulated in said City, he shall cause
the same to be printed and posted in three public places in said
City of Lynwood, to —wit:
One copy upon the bulletin board at the entrance to the
office of the Board of Trustees of said City at 205 !lest Mulford
Avenue.
One copy upon the bulletin board at the Pacific Electric
Railway Station known as Lynwood Station at the intersection of
Long Beach Boulevard and Fernwood Avenue in said City; and
One Cony upon the bulletin board at the northwest corner
of Mulford Avenue and Long Beach Boulevard in said City, and there—
upon and thereafter this Ordinance shall be in full force and
effect.
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1 Adopted this J day of January, 1922.
3 S,n*.
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" � , President of 6he Boarcl of Trustees
5 . , w of the City of Lynwood.
A "G
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r01 t6'M o . the Ci Lynwood.
8 Stagg, afa` alifornia' '
9 County of Los Angeles ! ss.
10 City of Lynwood
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I„ J. H. Murra City Clerk of the City of Lynwood,
12 California, do hereby certify hat the whole number of the Board
of Trustees of the City of Lynwood is five, and that the foregoing
13 Ordinance, being Ordinance It. y // -- - was duly passed and adopted
by "a vote .of four -- fifths of all its members and approved by the
14. President of said Board., and attested by the C'ty Mark, all at a
regular meeting of said.Board, held on the a day of Uanuaiy,
15 l�'22, and that ,the same was passed and adop e y the following'
vote, to —wit:
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17 :Ayes: Trustees �/'
18 Noes: None
19 Asent:
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My Clerk of the Xy of Lynwood.
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