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HomeMy WebLinkAboutOrdinance No. 356ORDINANCE 110. 3 sy AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIF- ORNIA REQUIRING A PERMIT FOR THE MAKING OF EK6AVATIONS OR REMOVAL OF SOIL, DECLAR- ING A NUISANCE IN CERTAIN INSTANCES, AND PRESCRIBING PENALTY. The City Council of the City of Azusa does ordain as follows: - SECTION 1. It shall be unlawful for any person firm or corporation, or the representative or agent or employee of any such person, firm or corporation, to make any excavation in or upon any lands located within the City of Azusa, Los Angeles County, Calif- ornia, for the purpose of removing any of the soil from such lands, or to remove any soil from any lands located within said City, without first obtain- ing a permit in writing so to do from the Superinten- dent of Streets of said City. SECTION 2. Upon written application for such permit previously made and filed with said Superin- tendent of Streets, said Superintendent of Streets shall issue said permit in the event it is made to appear to him that good cause exists therefor in that such excavation or removal of soil will not be offensive or obnoxious or constitute an eye -sore to neighboring property owners or to those occupying near -by property, or to the community, and will not create a place of danger or be a source of damage to neighboring property or to those occupying near -by property, or to the community. No such application for permit shall be denied by the Superintendent of Streets except after hearing on notice to the appli- cant, at which hearing the applicant shall be afforded the opportunity to fully present his, their or its evidence in support of such application, and any evidence to the contrary is likewise received. SECTION 3. The decision of the Superintendent of Streets as to the granting or refusal of such appli- cation shall be final, except that any person, firm or corporation aggrieved by such decision, shall have the right to a review thereof by appeal to the City Council of said City upon written notice of appeal filed by the applicant with the City Clerk of said City not later than 10 days immediately following the date when the applicant is notified and public announce- ment is made of such decision. The City Council shall thereafter hear the matter and receive evidence thereon, whereupon said City Council may sustain or over -rule the - 1 - r• decision of the Superintendent of Streets, either In whole or in part. The decision of the City Council on such appeal shall be final. SECTION 4. For said permit, if, as and when issued by the Superintendent of Streets, he shall charge no fee. SECTION 5. Any violation of the provisions of Section 1 of this ordinance shall be and is hereby declared to be a nuisance and a misdemeanor, and the officers of the City of Azusa, Los Angeles County, California, are hereby required and directed to suppress the same and to abate any such nuisance as is described in Section 1 of this ordinance, and to otherwise enforce this ordinance by civil and criminal proceedings, either or both. SECTION 6. Any person violating any of the pro- visions of this ordinance shall, for each violation thereof, be determined guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punishable by a fine of not more than $200.00 or by imprisonment in the Azusa City Jail or the County Jail of the County of Los Angeles for a period not exceeding 30 days, or by both such fine and imprisonment. SECTION 7. All criminal and all civil liabilities arising under the terms of this ordinance may be enforced either separately or concurrently. The conviction and punishment of any person, association, firm or corpora- tion, for violation of the terms of this ordinance, shall not in any manner preclude the institution or maintenance of civil proceedings for the enforcement of the provisions of this ordinance or the abatement of the nuisance herein declared. SECTION g. If any section, sub -section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Azusa hereby declares that it would have enacted this ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, sub -sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 9. All ordinances and parts of ordinances in conflict with this ordinance and heretofore passed and adopted by the City of Azusa or by the City Council or by any Board of Trustees thereof, shall be, and the same are, hereby repealed insofar only as said other ordinances or parts of ordinances conflict or are inconsistent with the provisions of this ordinance, which repeal shall be ef- fective as of the effective date of this ordinance. 2 . SECTION lo. In the granting or refusal to grant of any permit under the provisions of this ordinance, the City of Azusa assumes no responsibility whatsoever for the doing or for the not doing or for the manner of doing or not doin6, of any of the work or arty of the things covered by said permit or by any application therefor, nor does said City assume any liability whatsoever for any of the same. SECTION 11. The I'layor shall sign this ordin- ance and the City Clerk shall attest and certify to the passage, adoption and publication of the same, and shall cause same to be published once within fifteen days after its passage in the Azusa Herald and Pomotropic, a weekly newspaper of general circulation published and circulated in the City of Azusa, which said newspaper is hereby designated for that purpose, and thereupon and thereafter thirty days after its passage this ordinance shall take effect and be in force. V. A. OVIENS Mayor of the City of Azusa. ATTEST: EAE A. HY SES, City Clerk o'he City of Azusa. Passed, approved and adopted this 3rd day of February, T941. - 3 - State of California ) (SS. County of Los Angeles ) I, Mae A. Hynes, City Clerk of the City of Azusa, do hereby certify that the foregoing ordinance was introduced, placed upon its first reading and read at a regular meeting of the City Council of the City of Azusa, Los Angeles County, California, duly and regularly held January 20th, 1941, in the regular Council Chambers in said City of Azusa, Los Angeles County, California; that said ordinance was regularly passed and adopted by said City Council, signed by the Mayor and attested by the City Clerk of said City at a regular meeting of said City Council so held in the regular Council Chambers of s id Council in said City on the 3 � day of 1941, and that the same was passed and adopte by the/following vote of Council: - Ayes: Noes: Absent: �dn-- I, the City Cleric of the City of Azusa, do further certify Vat I causedd ordinance to be pub- lished on the day of , 1941,, in the Azusa Herald omotropic, a newspap of general cir- culation, printed, published and circulated in said City of Azusa, and that the same was published in accordance with law. ." City Clerk of the lity of Azusa. 4 —