Ordinance - 9ORDINANCE NO. 9.
AN ORDINANCE REGULA,.TING THE MAKING OF
EXCAVATIONS IN PUBLIC STREETS, ALLEYS
OR OTHER PUBLIC PL&CES .
The Board of Trustees of the City of Vest Covina do
ordain as follows:
Section 1: It shall be unlawful for any person, firm
or corporation to make, or to cause, or to permit to be made,
any excavation in or under the surface of any public street,
alley, sidewalk or other public place without first obtaining
from the board of trustees a written permit to make such excava-
tion.
Section 2: Any person, firm..or corporation intending
to make any such excavation shall file with the said board of
trustees a written application for a permit therefor, which
application shall contain the name and address of the person,
• firm or corporation making such application, and shall state in
detail the location and area of such excavation intended to be
• - made and shall file with such application a plat showing the
location of each proposed excavation, the purpose for which the
same is to be used, and such other details as the board of trustees
may require to be shown upon such plat.
Section 3:
The board of
trustees is
hereby authorized
to adopt, from time
to time, such
regulations
for the location,
size and depth of such excavations as it may deem necessary for the
public welfare.
Section 4: After any excavation is commenced the work of
making and refilling the same shall be prosecuted with due dili-:
genee and in such manner as not to obstruct the street or other
public place, or travel thereon, more than is necessary therefor.
If such work is not so prosecuted, or if the work of refilling
does not, in the judgment of the board of trustees, comply with
the terms of this ordinance, the said board shall notify the
person., firm or corporation neared in the permit that the work is
not being prosecuted wit h.due diligence, or that the refilling
of such excavation is not being, or has not been, properly per-
formed, and shall require such person, firm or corporation, within
five (5) days after the service of such notice, to proceed dili-
gently with the prosecution of such work, or properly to complete
the same, as the case may be. Such notice shall be written or
printed and shall be served personally on the person, firm or
corporation named in the said permit, or shall be left at the
address given by such person, firm or corporation in the applica-
tion for the permit, or shall be sent to such applicant at such
address by registered mail. if such notice shall not be complied
with the said board of trustees shall cause such work to be done
•
as shall be necessary to refill such excavation and to restore
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the street or other public place to as good condition as -the same
was in before such excavation was made. The cost of all such work
performed under. the direction of the board of trustees shall be
charged to the said applicant, and shall be deducted from the de-
posit made by such applicant, as herein provided.
Section 5: Before any such permit shall be granted the
applicant therefor shall deposit with the city clerk a sum equal
to thirty cents (30�) per square foot of surface of each such
excavation to be made in streets or other public places which
have been macadamized or paved; a sum equal to twenty cents (20¢y
for each square foot of surface of such excavation to be made in
streets or other public places which have been graveled; and a
sum equal to ten cents (10¢) for each square foot of surface of
each such excavation to be made in streets or other public places
which are neither macadamized, paved nor graveled; provided,
however, that no deposit shall be less than five dollars ($5.00).
Section 6: Each deposit made pursuant to the provisions
of this ordinance shall be paid by the City Clerk to the City
Treasurer and shall be retained in the City Treasury for a period
of one year after the completion of the refilling of the excava-
tion on. account of which such deposit was made, and at the expira-
t ion of such period of one year such deposit, less the deductions
.made pursuant to the provisions of this ordinance, shall be re-
turned to the person, firm or corporation making the same, or to
his or its assigns.
• Section 7: The person, firm or corporation by whom any
• excavation shall be made in any public street, alley or other
public place, shall be deemed and held to guarantee the work of
refilling and repair thereof for the period of one (1) year after
the refilling of such excavation, against all defects in workman-
ship or materials. Whenever within such period of one year any
part of the pavement or surface of any public street or place so
guaranteed becomes in need of.repair by reason of any defect in
workmanship or material used in such work of refilling or repair,
the board of trustees shall make such repairs and shall deduct the
cost thereof from the deposit required by the provisions of
this ordinance to be made. The decision of the board of
trustees as to the necessity and as to the cost of any work
done or repairs made by it pursuant to the provisions of
this ordinance shall be final and conclusive.
Section.:S: All moneys that shall be refunded pursuant
AM
to the provisions of this ordinance shall be paid upon demand
audited and paid in the same manner as other demands against
the city are audited and paid.
Section 9: It shall be unlawful for any person, firm
or corporation making any excavation in any public street, alley
or other public place to fail, refuse or neglect to maintain
safe crossings for vehicle traffic at all street intersections.
Section 10: It shall be unlawful for any person, firm
or corporation making any excavation in any public street,
alley or other public place to fail, refuse or neglect to place
and maintain barriers at each end of such excavation, and at
such places as shall be necessary along such excavation to
prevent accident , or to fail, refuse or neglect to place amd
maintain red lights at each end of such excavation and at dis-
tances or not more than fifty (50) feet along the line thereof
from sunset each day until sunrise of the following day until
such excavation shall have been entirely refilled.
Section 11: None of the provisions of this ordinance
providing for the application and issuance of permits and the
making of deposits of money shall apply to any work performed
or to be performed in, upon, or along any public street, alley
or other public place pursuant to any contract for improvement.
authorized.. by. the board of trustees of the said city, or
to any excavation rm de by any officer of the said city in
the discharge of his official duties.
Section 12: Each permit for an excavation in or under
the surface of any public street, alley or other public place,
shall be granted subject to the right of the City of Jest Covina,
or of any other person, firm or corporation entitled thereto, to
use that part of such street, alley or other public place for
any purpose for which such street, alley or other public place
may be lawfully used.
Section 13: Nothing in this ordinance contained shall be
construed to prevent any person, firm or corporation maintaining
any pipe or conduit in any public street, alley or other public
place by virtue of any lawful ordinance or permit, from making
such excavation as shall be necessary for the preservation of
life or property when such necessity arises during such hours
as the offices of the city are closed; provided, however, that
the person, firm or corporation making such excavation shall
• apply for a permit therefor at the next meeting of the board of
trustees subsequently to the making of such excavation.
Section 14: That any person, firm or corporation violat-
ing any of the provisions of this ordinance shall be deemed
quilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than ten dollars ($10.00) nor
more than three hundred dollars ($300.00), or by imprisonment for a
period of not less than two (2) days nor more than three (3)
months, or by both such fine and imprisonment. Each such person,
•
•
firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any viola-
tion of any provision of this ordinance is committed, con-
tinued or permitted by such person, firm or corporation,
and shall be punishable therefor as provided by this ordinance.
President of the Board of Trustees
of the City of West Covina.
Attest;
City Clerk.
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, )ss.
CITY OF WEST COVINA. )
I; C. D. Wolfinger, City Clerk of the City of Vilest
Covina, hereby certify that the foregoing ordinance was
adopted by the board o:f trustees of the City of writ Covina
at the regular meeting of the said Board on .the 28th day
of March, 1923, and signed by the president of the said
board, and that the said ordinance was adopted by the
fallowing vote ;
Ayes:
Noes:
Absent: `��