HomeMy WebLinkAboutOrdinance No. 1981
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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
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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
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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.
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ATTEST:
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rresiaent ox noara o
of Azu sa.
sa.
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ees , City
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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.
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