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HomeMy WebLinkAboutOrdinance No. 1981 2 3 4 6 e 7 8 9 10 11 12 13 14 16 16 17 19 20 21 22 23 24 26 26 27 28 29 30 31 32 ORDINANCE N0. / 9� AN ORDINANCE DECLARING TBE USE OF CERTAIN SUER, DRAIN, AND WASTE PIPES THEVEIN DESCRIBED A PUBLIC NUISANCE ARAT PROHIBITING THE USE OF SUCH PIPES FOR SETS, HOUSE DRAINAGE OR WASTE DRAINAGE PURPOSES, PROVIDING FOR THE ABATEMENT OF THE NUISANCE CAUSED BY CONTINUED USE OF THE SAM AND FIXING A PENALTY FOR THE VIOLATION OF SAID ORDINANCE. The Board of Trustees of the City of Azusa do ordain as follows: Section 1. That the use of all those certain sewer, drain and waste pipes in the City of Azusa described as follows: In and along Azusa Avenue from Eleventh Street to Second Street; Santa Fe Railroad to Third Stre thence ;Jest on Third Street to Az tvenue; In and alo Tabriel Avenue from right-of-way of for the purpose of carrying sewage or house drainage or waste drainage, be and the same is hereby declared to constitute a public nuisance; and it shall be unlawful for any person, firm or corporation to use any portion of such sewer, drain or waste pipes for carrying sewa7e or house drainage or, waste drainage on or after the 2Gfh day of TQyiuory 19�2q. Section 2. That it shall be the duty of the City Clerk of the City of Azusa immediately after the passage of this Ordi- nance to mail, postage prepaid, a printed copy of this Ordinance to every person, firm or corporation using any portion of said sewer, drain or waste pipes for any of said purposes, so far as known to said City Clerk; provided, however, that any failure of the City Clerk so to do, or the non -receipt of such copy by any -1- 1 2 3 4 6 W 7 n 9 10 11 12 13 14 16 16 17 M 19 20 21 22 23 24 26 26 27 28 29 30 31 32 such person, firm or corporation, shall not constitute any defence for the violation of this Ordinance. Section 3. That it shall be the duty of the Street Superin- tendent of the City of Azusa, after the Z Gt11"day of 1920, to notify in writing any person, firm or corporation using ar_y portion of said sewer, drain or waste pipes for carrying sewage, house drainage or waste drainage, that such use is a nuisance and to immediately cease to so use the same and that if such use be not immediately discontinued the nuisance caused there- by will be abated at the expense of the person, firm or corpora- tion causing the same; and if any person, firm or corporation after being so notified shall continue such use it shall thereupon be the duty of the said Street Superintendent to abate the nui- sance caused by such continued use by taking out and removing all pipes and connections running from the property line of the premises where such use is made to such sewer, drain or waste pipes located in the street in front of such premises. He shall, after the abatement of such nuisance, file with the Board of Trustees an itemized statement of the expense of the abatement of such nuisance, and the amount of such expense shall be deemed a debt due to said City of Azusa, and such person, firm or corporation causing such nuisance, so abated, shall be liable to an action in the name of the City of Azusa in any court of competent jurisdiction for such amount with costs of suit, and in addition thereto a penalty of Twenty-five (525.00) Dollars must be added to the judgment as costs to be collected from the defendant or defendants in said action. Section 4. Any person, firm or corporation who shall vio- late, neglect or refuse to comply with any of the provisions of this Ordinance shall. be deemed guilty of a misdemeanor, and upon con= viction thereof shall be fined not more than One hundred (5100.001 Dollars, or be imprisoned in the City Jail of the City of Azusa -2- 1 2 3 4 6 8 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 for a period not exceeding Thirty (30) days or be punished by both such fine and imprisonment. Section 5. This Ordinance is urgently required for the immediate preservation of the public peace, health and safety and the following is a specific statement showing the urgency of this Ordinance: That all of said sewer, drain or waste pipes described in this Ordinance were originally constructed of cement or wood and only for carrying water.for irrigation purposes and not for carrying sewage or house drainage, and that such pipes are now being used for carrying sewage and house drainage and are almost entirely disintegrated and that the sewage and house drainage leak and seep through such pipes nearly the whole length thereof, and that it is impossible and impracticable to repair the same, and that the CitIT of Azusa has no funds available for such pur- pose, and that the present condition of such pipes con:5titute a serious menace to the health of the entire community and to the inhabitants of the City of Azusa; that this Ordinance is there- fore urgently required.to prevent the continuance of such nui- sance and to provide for the abatement of the nuisance caused by the use of such pipes. Section 6. 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 Azusa and. its approval by the President of said Board, arra shall cause the same to be published by one insertion in the Pomotropic, a weekly newspaper, published and circulated in the said City of Azusa, and thereupon and there- after the same shall be in full force and. effect. / Adopted and approved this �Z c% day of" 1919. 31 ATTEST: 32 �3TC1 rresiaent ox noara o of Azu sa. sa. -3- ees , City 1 2 3 4 6 8 7 8 9 10 11 12 13 14 16 16 11 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32 STATE OF CALIF OPRIA , SS. COUNTY OF LOS ANGELES. j I, J. 0. Durrell, City Clerk, of the City of Azusa, do hereby certify that the whole number of the Board of Trustees of said City is _five, and the foregoin Ordinance was passed by a vote of four-fifths of all its members, and approved by the President of said Boa d, at a regular adjourned meeting thereof, held on the e? ay of ? 1919, and that the same was passed by the o owing vote�ti Ayes: Trustees:,a ` Noes:�, Absent:_r� c IN WITNESS V1 Mi I have hereunto set my hand and affixed the official seal of the City of Azusa, sa, this o2� "�_ day of r 1.919. -4-