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HomeMy WebLinkAboutCC ORD 1952-837 Excavations (Repealed by 1366)3�. (.1 Ord. No. 837 ORDINANCE NO. 837 AN ORDINANCE REGULATING EX- CAVATIONS WITHIN THE CITY OF NATIONAL CITY, CALIFORNIA, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE CITY COUNCIL of the City of National City, California, does ordain as follows: SECTION 1. It shall be unlawful for any person to make, or cause or permit to be made. any excavation in or un- der the surface of any land, public or private. in the City of National City. without first obtaining a permit so to do. in the manner hereinafter provided, or in violation of any of the terms or conditions of such permit; provided. however. that no permit shall be re- quired for excavations for the founda- tion or basement of any building for which a building permit has been is- sued, or for grading in subdivisions ac- cording to plans which have been ap- proved by the City Council, or for ex- cavations by any public utility for the Installation, operation, inspection. re- pair or replacement of any of its fa- cilities, or for the grading of any par- cel of land where no cut bank is left standing more than four (41 feet in height and the excavated material is not removed from the land from which it is excavated. SECTION 2. The application for the Permit referred to in Section 1 hereof shall be filed with the City Clerk in quadruplicate, the original being veri- fied. The application shall set forth the following information: (aA full identification, and the res- idence and business address of the applicant and the owner or owners of the land on which the excava- tion is proposed to be made, in- cluding all members of any firm or partnership and all officers and directors of any corporation apply- ing; if the applicant is the agent or employee of any person for whose benefit the permit is asked. this fact, with a full identification of such person and his business and residence address, shall be stated in the application. (b' A complete description and lo- cation of the property on which the excavation is to he made. (c) The exact nature of the proposed excavation and material to be re- moved, and an estimate of the ap- proximate number of cubic yards to be removed. (di A statement of the manner In which it is proposed to excavate and remove the excavated materi- als, including the slope of the sides and the level of the floor, the kind of equipment proposed to be used in making such excavation and re- moving such materials, and wheth- er the material is to be removed for sale or for delivery at some other place In fulfillment of an agree- ment to provide filling material at such other place. (e) The tine within which such ex- cavation is to be commenced after the granting of such permit, and the time when it is expected to be completed. SECTION 3. At the time of filing the application, the applicant shall pay a filing fee of TEN DOLLARS ($10.00) to cover the cost of the City's investi- gation of said application. At the time said application is granted, the appli- cant shall pay an additional fee to cov- er the expense of inspection and exam- ination of the progress of the excava- tion at the rate of ONE DOLLAR ($1.00) for each 1000 cubic yards, or fraction thereof, of material which the permit authorizes the applicant to re- move from the proposed excavation. All fees shall be paid to the City Treasurer. 16'hen the excavation is to be cnacle by the United States, the State of California, the County of San Diego or any agency of either, no fees of any kind shall be required. SECTION 4. Immediately upon the filing of an application for a permit to excavate, one copy of such application shall be delivered to the City Manager, one copy to the Superintendent of Streets, and one copy 10 the City En- gineer. The Superintendent of Streets and the City Engineer shall each make an investigation of the facts alleged in the application. and shall each make a written report of their Investigations, together with their recommendations, to the City Manager. Such reports shall be made within ten (10) days from. the date of filing of such applica- tion and that the City Manager then shall report the findings to the City Comte:: at the next regular meeting of said Council together with his findings and recommendations. SECTION 5. The City Council. in granting in whole or in part. or in granting on conditions expressed in the permit, or in denying any application for a permit to excavate, shall take in- to consideration the character of the applicant as respects honesty and in- tegrity, his experience in the matters to which the permit appertains, his fi- nancial responsibility. and all pertin- ent natters concerning the proposed excavation which may affect the pub- lic health, safety and general welfare in the district in which the excavation is proposed to be made, and shall exer- cise a reasonable and sound discretion in the premises. The application shall be denied if it shall appear to the City Council from the investigation that such excavation would remote the lateral and subjacent support of the adjacent land, and would result in a dangerous topographic condition, or would result in seepage or slides or would create or increase an attractive nuisance dangerous to public safety, or would otherwise in any manner en- danger the public health or safety or he detrimental to the public welfare, despite all precautions which the ap- plicant is willing. ready and able to take. SECTION 6. The City Council shall require, as a condition to the granting of any permithereunder, that the ap- plicant deposit with the City Clerk a surety bond, in an amount to be fixed by the City Council, not exceeding the sum of fifty thousand dollars ($50,000.- 001, insuring to the benefit of the City of National City and of the gen- eral public. guaranteeing that the ap- piicant will faithfully perform all of the conditions and requirements spe- cified in the permit. Such surety bond shall be executed by sureties ap- proved by the City Council as being sufficient in number and in financial responsib! iity. The City Council shall also require, as a condition to the granting of any such permit, that the applicant deposit with the City Clerk a certificate of a responsible insur- ance company, showing that the appli- cant is insured in an amount not less than a sue, certain, to he fixed by the City Council, not tc exceed one hun- dred thousand dollars 1S100,000.001, against any loss or damaee to persons or property arising directly or indi- rectly from the opera tons of the ap- plicant or any person acting in his be- half in carrying o'; my r.oera':on con- nected directly or iccirectiy with the making or the es es vat;on and Air the removal of the excavated materials for which such permit is issued. With the approval of the City Council, the applicant may deposit such surety bond and; or certificate of insurance on an annual or continuing basis, to cover one or more permits for exca- vations in the sa-tie or different loca- tions. When the excavation is to be made by the United States, or the State of California, or the County of San Diego, or any agency of either, no surety bond or certificate of in- surance shall be required. SECTION 7. In order to minimize the danger of collapse of adjacent lands into the excavation, the City Council shall specify in the permit the permissible angle of slope of the sides of the excavation. No side of such ex- cavation may be made steeper at any point than the angle so specified in the permit, unless supported by a substantial, permanent retaining wall of sufficient strength to permanently support such side cr sides of the ex- cavation, and cons'.:ructed in accord- ance with a permit so to do, as pro- vided herein. Such retaining wall shall be of concrete, brick, stone, or other material not subject to deterioration, and shall extend the full height and length of each side of such excava- tion which is at any point made steep- er in slope than the angle specified in the permit to excavate. If the appli- cant desires to cut any side of the ex- cavation steeper than the angle speci- fied in the permit to excavate, he shall so state in his original application or in a supplemental application, and shall file therein, In quadruplicate, de- tailed plans and specifications for said retaining wall. One copy of said plans and specifications shall be forthwith delivered to the Building Inspector, who shall examine the same and shall promptly report to the City Manager whether the retaining wall, if built ac- cording to said plans and specifications. will satisfy the requirements of the Building Code ordinance of the City of National City and the requirements / Ord. No. 837 of this Ordinance. Upon the approval of such plans and specifications by the Building Inspector, and the issuance of a building permit therefor, the City Manager shall include in the permit to excavate, or in a supplemental permit to excavate. a provision allowing the sides of such excavation to be made steeper than the angle of slope speci- fied therein, if supported by a re- taining wall constructed according to said plans and specifications. SECTION 8. Any person to whom a permit to excavate is Issued shall also comply with the following require- ments: (a) The bottom of such excavation shall not be made lower than the level specified in such permit to excavate or in a supplemental per- mit to excavate. (b) If. in the opinion of the City Manager, any such excavation will create or aggravate a dangerous condition if left open. such excava- tion shall be enclosed by a fence sufficiently high, tight and strong to eliminate such dangerous con- dition. (c) Any rock, earth, or other mater- ial which may be dropped or de- posited on any public street or place from any vehicle transporting such materials from any such ex- cavation shall be immediately re- moved in a manner and to an ex- tent satisfactory to the Superin- tendent of Streets, at the expense of the person to whom the permit to excavate was issued. SECTION 9. Any permit granted hereunder may be revoked or suspend - ea by the City Council, as in its dis- cretion may seem reasonable and just, for any reason for which the issuance of such permit might lawfully be de- nied, or for any failure to comply with any of the terms of this Ordinance or of such permit. Revocation of such permit shall be made only upon a hearing granted to the person to whoin such permit was issued, held before the City Council, after five (5) days' notice to the person to whom the per- mit was issued. Written notice, de- posited in the United States mail, ad- dressed to such person at his business or residence address as stated In his application for such permit, shall be sufficient notice. If, in the opinion of the City Manager, public health, safe- ty or welfare requires it, the City Manager may suspend any permit granted hereunder, pending the hear- ing for the revocation of such permit. Such revocation or suspension shall be in addition to any other penalties provided in this Ordinance. SECTION 10. In the event that any excavation for which a permit has been granted hereunder is not com- menced within six (6) months from the date of issuance of said permit, or in the event that work on said excava- tion is at any time abandoned for a period of six (6) consecutive months, said permit shall automatically expire, without notice, and no further excava- tion shall be made; however, the con- ditions expressed in said permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be available against him for any breach thereof. When the amount of material excavated equals the number of cubic yards which said permit authorises to be excavated, no further excavation may be made until a new or supple- mental permit to excavate has been Issued. In either event. an applica- tion for a supplemental permit to con- tinue or enlarge the excavation may be filed. setting forth all the information required in the original application: no further filing fee shall be required, but if such supplemental permit is is- sued, the applicant shall pay an addi- tional inspection fee of One Dollar ($1,00) per thousand cubic yards of material which such supplemental permit inay authorize him to excavate. The City Manager may dispense with any further investigation or hearing, if, in his opinion, the information furnished by the original investigation (and hearing. If any) is sufficient to enable him to determine whether the supplemental permit should be issued, and upon what conditions, if any. SECTION 11. Nothing in this Ordi- nance, or in any permit granted here- under, shall be deemed to authorize the doing or the omission of any act contrary to any term or provision of any other Ordinance in this City, or without any license or permit required by zny other Ordinance of this City. SECTION 12. If any section, subsec- tion, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decis- ion, shall not affect the validity of the remaining portions of the Ordi- nance. The City Council of the City of National City hereby declares that it would have passed this Ordinance and each section, subsection. sentence, clause and phrase hereof, irrespective of the fact that any one or more other sections, subsections, sentences, claus- es or phrases be declared unconstitu- tional. SECTION 13. Any person violating any of the provisions of this Ordi- nance shall be guilty of a misdemean- or and upon conviction thereof shall be punished by imprisonment in the City Jail or in the County Jail for not exceeding six (6) months, or by a fine of not to exceed five hundred dollars (8500.00), or by both such fine and imprisonment. SECTION 14. This Ordinance is hereby declared by the City Council to be a measure necessary for the imme- diate preservation of the public peace, health and safety within the City of National City and one of urgency, to take effect immediately from and after its passage and adoption. The facts constituting the emergency are hereby declared as follows: That there are, Within the city lira - its of National City, numerous exca- vations: that unless necessary and proper regulations are available imme- diately to control and regulate the public hazards existing by reason of said excavations, there will result an immediate threat to the preservation of the public peace and safety within the City of National City. SECTION 15. 'That before the ex- piration of fifteen (15) days after its passage. the City Clerk of said City shall cause this Ordinance to be pub- lished once in the National City News, a newspaper of weekly circulation, printed and published in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City, California. this 5th day of August, 1952. by the following vote, to -wit: AYES: Councilmen McClure, Sarn, Carrigan. NAYS: Councilmen None. ABSENT: Hart. Ingalls. MAURICE CARRIGAN, Mayor of the City of National City, _ifornia ATTEST: Irene M. Alst City Cler I hereby approve the foregoing Ordi- nance this 5th day of August, 1952. MAURICE CARRIGAN, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Or- dinance No. 837 of the Ordinances of the City of National City, California, as adopted by the City Council of said City. anerlproved by the Mayor of said Cit �jn the day August. 1952. Cc .-I Ibigned) IR NE .1. Sr City Clerk of the City of National City, California. (SEAL) News. 1t, Aug. 15. Jno. 3037. AND I HEREBY CEItTI FY that the same has bren duly publlened ac- cording to {:fo:. City Clerk, City of National City. California.