HomeMy WebLinkAboutCC ORD 1953-851 Curb and sidewalk installation (Rescinded by 1455)Ja Lr,t�c6 l8 CA. a coo
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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.