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HomeMy WebLinkAboutCC ORD 1953-851 Curb and sidewalk installation (Rescinded by 1455)Ja Lr,t�c6 l8 CA. a coo • ORDINANCE NO. 851 AN ORDINANCE REGULATING THE INSTALLATION AND REMOVAL OF CURBS, SIDEWALKS AND PROVID- ING FOR PERMITS AND INSPEC- TIONS UPON ANY PUBLIC STREET OR ALLEY WITHIN TIIE CITY OF NATIONAL CITY AND PROVIDING FOR PENALTIES FOR 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, firm or corporation to cut. break or remove any curbing or side- walk. or cause to have cut. broken or removed any curbing or sidewalk from any public street or alley in the City of National City without first obtain- ing a permit to do so from the Inspec- tion Department. SECTION 2. It shall be unlawful for any person, firm or corporation to in- stall, or cause to be installed, any driveway on any public street or alley in the City of National City without first obtaining a permit from said In- spection Department. SECTION 3. No such permit issued under Section 1 and 2 shall be in con- flict with the following regulations: a. The maximum width of any driveway shall be not more than thir- ty (3C) feet, as measured at the top of the curbing. b. The minimum distance between driveways serving the same lot or par- cel of land shall be not less than twen- ty-two (22) feet, as measured at the top of the curbing. c. No driveway width shall exceed forty (40) per cent of the frontage upon any street. of the lot or parcel of land to be served. d. No driveway shall be located so as to Interfere with Intersecting side- walks, traffic signals, lamp posts. fire hydrants, or utility poles. No driveway shall be placed nearer than five (5) feet, as measured from beginning of curb depression, to the exterior boun- dary tine of an intersecting street. No driveway curb depression shall begin nearer than eleven (11) feet from the property line projected to the curb, other than minimum width driveways in residential areas. e. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and side- walk is to be installed. f. Before any permit is issued to remove any curbing or install any driveway, other than minimum width driveways in residential areas, the per- son, firm or corporation owning the property to be served thereby shall sign an agreement with the City to re- place any curb and driveway, if and when abandoned. Any abandoned driveway shall be re- moved and the curb and sidewalks shall be properly restored. Provided. however, that the Council may, in special cases. by resolution, or- der the issuance of a permit to con- struct and maintain driveways in ex- cess of the limitations contained In subsections a. b. c, and d of this Sec- tion. Applications for such special per- mits shall be made to the City Man- ager, who shall recommend to the City Council the granting or denial of the same. A fee of Five Dollars ($5.00) shall accompany each application for such special permit. No application shall be considered unless said fee shall have been paid. g. All concrete work shall be done in accordance with City Specifications in effect at the time of such work. h. Before any permit shall be is- sued to remove curbs or install drive- ways, an inspection fee shall be paid to the City. Such fee shall be Two Dollars and Fifty Cents ($2.50), plus Ten Cents ($0.10) per lineal foot of driveway over twenty-five (25) feet. SECTION 4. Any person occupying property as his own home or construct- ing a house to be occupied as his own home, may obtain a Horne Owner's Driveway Permit upon the following conditions: a. Applicant shall be the owner- accupant, or constructing the house for lis own occupancy. b. Applicant shall construct The the driveway to official grade and in accordance with standard plans for driveways on file in the Office of the City Engineer, a copy of which will be furnished applicant at the time of his application. c. Forms shall be inspected before any concrete is poured. d. Applicant shall furnisk a cash deposit in the amount of Twenty -live ($25.00) Dollars, guaranteeing comple- lion of the driveway in a satisfactory manner. e. Applicant shall pay the sum of Two Dollars and Fifty Cents ($2.50) in addition to the regularly prescrib- ed permit fee, to cover the cost of in- specting the forms prior to pouring the concrete. f. Applicant shall maintain the prernises in a safe manner, and shall provide adequate barricades and lights at his own expense to protect the safe- ty of the public using the adjacent streets or sidewalks. and shall hold the City free from any damages incurred by his operations. g. All debris and surplus material shall be promptly removed upon com- pletion of the work. h. In the event the applicant does not complete the work, including the removal of debris and surplus material. within a period of ten (10) days from the date of inspection of forms, the Street Superintendent shall complete the construction and/or removal of debris and material. and shall recover from the cash deposit the actual cost of the work, including overhead. plus a surcharge of fifty per cent (50%). SECTION 5. Any person. firm or corporation as principal, agent or em- ployee, violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00). or by imprisonment in the city jail of National City or in the county jail of San Diego County for a period of not more than six (6) months or by both such fine and such im- prisomnent. SECTION 6. All other ordinances or amendments thereto in conflict here- with are hereby repealed: provided that the foregoing repeal shall not af- fect any prosecution of any person that is now or that may hereafter be had or taken for the violation of the provisions of said ordinances so re- pealed. SECTION 7. If any section, subsec- tion. paragraph, clause or phrase of this ordinance is for any reason held to be unconstitutional such decision shall not affect the legality of the remaining portions of this ordinance. The City Council hereby decrees that It would have passed this ordinance and each section, subsection. paragraph, sen- tence. clause, and phrase thereof irre- spective of the fact that any one or more sections. subsections. paragraphs, sentences. clauses, or phrases be de- clared unconstitutional. SECTION 8. This ordinance shall take effect and be in force on and af- ter the thirty-first day from and after its final passage. SECTION 9. Before the expiration of fifteen days after its passage, the City Clerk of City of National City shall cause this ordinance to be published once in the National City News, a newspaper of weekly circulation, print- ed and published in the City of Na- tional City, California. PASSED AND ADOPTED by the City Council of the City of National City, California, this 15th day of Sep- tember, 1953, by the following vote, to- w'It: AYES: Councilmen Campbell, Carri- gan. McClure, Parchen, Sarn. NAYS: Councilmen None. ABS:NT: None. FRANK J. SARN, Mayor of the City of National City, California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Ordi- nance this 15th day of September, 1953. FRANK J. SARN, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 851 of the Ordinances of the City of National City, California. as adopted by _ City Council of said City, and :pprov=. by the Mayorr�off /— said City, the 5th by. f Se ber, 1953. — (Signe.) IRENE M. ALSTON, City Clerk of the City of National City, California. (SEAL) News, It, Sept. 25, Jno. 3404, Ali the sa cordtn. I HI:RETtY CI:itTIFY that e has been duly yubllshed ac- to law. City Clerk, City of National City, California.