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HomeMy WebLinkAboutORD NO 156ORDINANCE NO./~ NEW SERIES. AN ORDINANCE REGULATING THE MAINTEN- ANCE OF BUILDING MATERIALS IN PUBLIC STREETS AND REGULATING THE MOVING OF BUILDINGS UPON AND ALONG THE PUBLIC STREETS OF THE CITY'OF BAKERSFIELD, AND REGULATINGTHE USE OF SUB-SIDE- WALK SPACE. SECTION 1. SECTION 2. BE IT ORDAINED BY ~E COUNCIL OF THE CITY OF BAKERSFIELD, as follows: BUILDING MATERIALS IN PUBLIC STREETS. It shall be unlawful for any person, firm or corpora- tion to deposit or maintainS, or to cause or permit to be de- posited or maintained any building material of any kind what- soever, or any debris from any building or excavation, in or upon any public street, alley or other public place without first. applying for and receiving a permit in writing from the Superintendent of Streets of the City of Bakersfield so to do and makLng a deposit to cover the cost of inspection, and of restoring such public street, alley or other public place to its original condition, together with the r~incide~tal expenses in connection therewith as hereinafter provided. The Superintendent of Streets before issuing any such permit shall require a written application therefor stating the name, residence or business address of the person, firm or corporation making such application, the name o~ the street, alley or other public .place, and the location and area in and upon such street, alley or other public place that a permit is desired to deposit and maintain building material or debris from any build'ing or excavation and a deposit by such applicant -1- SECTION with said Superintendent of Streets of three cents per sMuare foot of surface of every such street, alley or other public ~lace w~icE has been macadamized or payed; a deposit of two cents per square foot of surface of every such street~ alley or other pablic pla6e which has been graveled or oiled; and a deposit of one cent per aquare foot of surface of every such street alley~ or other public place which has neither been macadamized, paved, graveled or oiled, upon which any such building material or debris is deposited or maintained; provided that no deposit shall be less than two dollars and fifty cents ($2.80). The Superintendent ~f Streets shall deduct from the deposit made for depositing or maintaining any such building material or debris from any building or excavation, in or upon any public street, alley or other public place, under the pro- visions of this ordinance, a sum equal to three-fourths (3/4) cent per square foot of surface of any such public street, alley or other public'place which has been paved or macadamized; one-half (½) cent for each square foot of surface of any such public street, alley or other public place, which has been graveled or oiled; and one-fifth (1/8) cent for each square foot of surface of any such public street, alley or-any such public place which has neither been paved, macadamized, graveled or oiled, upon which any such building material or debris iS deposited or maintained, to cover the cost of inspecting such public street, alley or other public place; provided, that any such deduction for such inspection shall not be less than fifty (80) cents in the a~gregate for maintaining any such building material or any debris from any building or excavation in any such publi~ street, alley or other public place pursuant to one permit. The balance of each deposit, after the deductions provided for in this ordinance have been made, shall be returned to the person, firm or corporation entitled thereto. SECTION 4. It shall be unlawful for any person, firm or corporation depositing or maintaining, or causing to be deposited or main- tained any building material of any kind whatsoever, o~ any such debris in any public street, alley or other public place, to fail, refuse or neglect to display and maintain a red light" at each end of each pile of such material or debris during the. whole of each night from one hour before sunset until one hour before sunrise. SECTION 5. Every permit granted for the dePoSiting or maintenance of any such building material or debris in any public street, alley or other public place shall be granted upon the condition that the person, firm or corporation to whom the same is granted shall conform in every respect to the provisions of this ordi- nance. In case of a violation of any provisions of this ordinance by any person, firm or corporation, the permit issued by the Superintendent of Streets to such person, firm oF corpora- tion m~ be revoked by the said Superintendent of Streets; and if such permit is so revoked it shall thereafter be unlawful for such person, firm or corporation to deposit or maintain, .............. ~.to cause or permit to be deposited or maintained, any such building materials or any kind whatsoever or any such debris at the location specified in such revoked permit. -3- SECTION 6. SECTION SECTION 8. It shall be unlawful. for any person, firm.-or corporation.. ..... depositing ormaintaining, or causing or permiting or maintained, any building material of any kind w~at'soe~er~ ~ny such debris, in any public street, alley or other public .place, to permit any such material or debris to remain in such - street, alley or place for a period of five days after the. ~omple, tion of the construction, alteration repair or demo~ition of the building in front of which such material Or debris is deposited " or maintained, or to fail, refuse or neglect for such period of five days to place such street, alley or other place in as good a condition as the same was in prior to the depositing of such material or debris therein. Upon the failure of such person, firm or corporation for such period of five days to remove such material, or debris, or to place such street, alley or other public place in as a good a condition as the same was in prior to the depositing of such material or debris ·therein, the Superintendent of Streets shall proceed to do such work, or to cause the same to be done, and shall deduct 'the cost of any such work from any and all deposits then on hand belonging to or that may thereafter be made by such person, firm or corporation. The dscision of the Superintendent of .'Streets as to the cost of any work'done or repairs made bE him or under his direction pursuant to the provisions of this Ordinance shall be final and conclusive as to such cost. It si~all be unlawful for any person~ 'firm or corporation to deposit or maintain, or to cause or permit to be deposited or maintainned, any building materials of any'kind whatsoever, or any debri-s from any building or excavation, 'in or upon any public street, alley or ·other public place within .twenty.f..iVe..~' ~.. . ' .. ..... .,... - feet ( 25 t ) of any fire hydrant ~ or in~"'o~ u . ., . -.~ - .......,;'..:.' ,.-:-', -. . . .:: ;,:'~.?, ,~<~' "~.~t;. :=:-:-~: · ,~'_~.; .:..,.'-, . alley or other pu. blic place,.~-exce.p~ upon the same side .o~.s~,~h ~'~ ~.'-" · .~. .' '~ .. ..... street, ~ey or other public p.la-ce .as that upon which a build- ing is in actual course of construction,. ~teration, repai~ or demolition, ~d iEediately i'~ front of the .p~emises on. : ...* .; .~ ~L'..' "' which such building is in course of const~uction, alteration, repair or demolition; or to p'erm!~ any such material or debris'... to remain in ~y public street or other public place within twenty- five feet (~5') of any fire hydrant, or in any public street or other public place in which there is a railway track, in such manner that any portion 'of such material or debriS. shall be within'four feet (4') of the nearest rail.of such railway ~rack, or in any public street or other public· place in which there is no railway track, in such manner that any portion of of such material or debris shall extend more than one fourth of the distance from the curb on the side of the stree~ or other public place upon which such material or debris is·deposited to the curb on the opposite side of such street or placed-or in any alley in such manner as to prevent-the.passage o~ teams and vehicle·s, or in or upon any public street or other public place in such manner that.any portion of such material or 'debris shall obstruct the gutter space in such street or o~her public place. SECTION 9. It shall be unlawful for any perSo~ firm or corporation "' to mix, make,' place or pile, or to cause' or permit to be mixed, ¢ .~ ..................... ..- .......... .~.,. of any paved public Street, alley 'Or 'other public place, or to cause $r permit the same to remain at any ~lace in such a manner that the same will fall or leak upon the "Surface of any such street, alley or other public-'.~p~acS. made, placed or .piled, or to permit to remain any mortar, plaster Or lime, or any .similar substance or mixture',.. Upon the surface .....~..~. .:. :- SECTION 10. debris or ..other material ·taken from ~y building, .Upon. any .publi:C' to remove the s~e from day ~Q:...~y..as the..s~e is .produ.Oed,"or'~j..~'~'~'' to fail, re~se or neglect to we~ any ~y debris .or. ~ub~ .... ~, ... an3r material that will produce dust, so as to preven't.'. ~ 's~e.. from being blown by the Wind, W~ether such debris, rubbish or .."'-'~..~--~'~-.~j.~ other material is in, over or upon any public street, alley.,or "'.~:~.',' other 'public place or is in the course of removal from a ·build- ing or excavation. - SECTION 11. ~ECTION 12~ It shall be unlawful for any person, firm or corp6ration · holding any permit issued pursuant to the pro.vision, A~.~..i~his ordinance to fail, refuse or neglect to keep.',such permit at all times at the place where such building~mater.i.~l. or debris is deposited upon a public street, alley or other public place er to fail, refuse or neglect, upon demand the~efo'r, t9 $,xhibit · .~j. '~..:~.~-. such permit to the Superintendent of Streets or to ~.~.",/: o.f his · ..... inspector~s or .to any public officer. !. .. or debris from any building or excavation in or upon .,am..:y-publi'c - ..~ ,:..~.~.. street, .alley or other public piace under the provisions of .this ordinance shall become ana be ~oid wi.~liin sixty days (.60) .'. f~om the. date of the issuance o'~ Such permi:~, 'provided, howeve~,~ Every permit for depositing or maintaining ·building-~.rial · .'. that the Superintendent of Streets may extend the time of any .... such permi. t,' Any such extension shali not exceed sixty~days ['60). SECTION 1~. Every permit for depositi~E or. maintaining bu'il~ing .... -.. material or debris from any"builLding or excavation in'or upon any pUbl'iC street, alley or o~e'r "pUblic place under the.pro-' visions Of this ordihance shal!lbe granted subject to the right of the City Of Bakersfield or-any other public service corpora- tion'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 lawfully be used. SECTION 14. MOVING BUILDINGS OR STRUCTURES UPON .PUBLI~ STREETS. 'When a building. or other structure is to be moved along any public street or alley, it shall be necessary to obtain from the Superintendent of Streets, a permit for such removal along any public street or alley before such removal can be -commenced. The person applying for such permit' shall deposit with the Superintendent of Streets, fifty dollars ($80.00). T~e permitee, by the acceptance of such permit, agrees to put the str,sets over which such removal is'made, in as good order and condition as they were prior to such ~se, and agrees to clean up and remove all debris.deposited thereon. by reason of such use, otherwise to forfeit to the City the said deposit, in addition to all damages, for which he may be the cause, and for which he may be liable or responsible. All removals made under such permits shall be done in a careful manner 'and shall be prosecuted with diligence, and shall · be.-.under the--superintendenCe and .control, ~hd 'to the satisfaction "- and approval of the Superintendent of Streets. No person, firm or corporation owning or having charge of the removal of any building'through the public streets, shall SECTION 15. permit such building to be or stand on any street, lane,':'alley' 'or public grounds within the limits of one block for .a longert.:.' period"of twenty-four (24) hour's, nor shall they pe~miit...~?~]~:~ ..... -' . .... same to obstruct any street car line in operation, by cutting wireS, except between the hours of 1 a'.m. and 5 a.~. When.the cutting of any wires, or temporary removal of . . .. .. electrictlight, or any other wire,· passing _ . v .. . other street, lane or alley becomes necessary fgr the removal ...'~.;..:~:... of any 'building, the person in' charge of such removal shall, "]';~ii~i/' at least six (6·) hours in advance of reaching the.~same, notify ~';'!'!~:.'!!... · .... ..!..~: ....~:. '. the person or persons having charge of and. control:j".~y~.r such '.: wire or.wires, and the person so notified shall cause such wires· to be. p:romp~Iy cut or removed and replaced,..after being first paid or tendered the reasonable cost and expense thereof; pro- vided, Zhowever, that in every case in which the cutting of wi~es belonging to the City of Bakersfield, may be necessary,· the Superintendent of S~reets shall be notified., and he shall have th.s wires cut and replaced, the person or persons having charge of the removal of the buildings, paying the entire cost and expense of cutting, removal and ~ep.lacing of the Same. PERMITS FOR USE OF SUB-SIDEWALK SPACE. Permits for the use of sub-sidewalk space shall be granted only by the City Council and such.applications and per- mits~therefore must be made upon blanks and subject to such regulati.onS:, as.the City.Council·may re'quire.' ..... ... .... · (1)' 'The City reserves the right.to Control the place. of · ' .deposit of ,'all sub-sidewalk·excavationS and to revoke the .'.'j.~.'~.~' permit at the'pleasure of .the Council. '!. . '~'~.~' . . . ~"" (~) The material excavated from sub-sideWalk construction of Streets must be deposited'-.'~,ere he may designate. .......-:,.. ..... .. " reserves the ri~t to suspend of annul' the privileg~.'~O:f'~ ~aining the cellar or vault created by such .excavation, or to. exact a license or rental for-.the use thereof, 'and. in. either event, the City reserves the right to 'app~.y suC~.'sidewalk or ~y portion thereof.. ~o municipal ~poses.... .~/~=..... (4) ~e granting of such petit sh~ll C.a.r~.~ the ri'~t: tO excavate the space ~d to build the necessary retaining walls (5TM) As a guaranty fOr the Rroper restoration' of .any portio.~..~~:.'' of the roadway fronting the premises. bordering on the sidewal~....~-~.....' ~...~-. are to be excavated and 'for the restoration of the'..~ ... walk, curbing or'Tgutter thereon which may be disturbed or injured .... by. reason thereof or by the construction of any part 0f a. buildS.'- '~' ing or Structur.~, there shall be deposited:with the Superintendent of Streets for each and every front foot~..'~er fraction thereof of the premises in front of which it is.'.t.O .be made, the sum of tw....~".~dollars. and fifty cents ($~.'50), when, the street in f font ~ r of is paved with a permanent pavement; and the sum'of one dollar and fifty cents ($.150) per front foot o'r fraction thereof· when sU.ch street is graded and oiled. (6) .In case ,.':.the said street, sidewalk., curbing or gutter so 'disturbed.Or injured, is not restored, the 6uperintendent · of Streets shall, after five (5) days notice posted upon or . near the building or structure on said pre. mises, restore the same and pay the cost thereof out of ..said deposit. __.('~) When the work has been Completed~"a_nd all damage the satisfaction of the Superintendent o~f Streets, o. ,t '~'..~"~'~""'~"~' · .... ~.. '. . ..°.' .-~.' or such portion thereof that ..may not have been"' 's '/~..."'~~.~m therefor shall be refunded. ' ""'~"~ .i~!'~ -" SEC..T._.!ON le. SECTION 1V. of this Ordinance is for any reason held .to be~ or invalid,. 'such decision shall not. affect thee remaining-'.por- tion of this ordinance. The City Council hereby dec·~.~.~~at it would have .passed this Ordinance and each section and subsec~· tion thereof irrespectivs of the fact that any one or more of ·the sections, subsections, sentences, clauses or phrases .be declared to be ~mconstitutional. PENALTY FOR ~IOLATIONS. Any person, firm or corporationr~ailing to perform any duty prescribed herein, or violating any of the provisiens of this Ordinance shall be deemed guilty of a misdemeanor, and Upon· conviction thereof, shall be punishable by a fine in the sum not exceeding three hundred dollars ($300.00) or by imprison- ment in the County Ja&l of Kern County for a period not exceed- ing ninety days (90) or by both' such fine and imprisonment. Each sudh person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision·of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this ordinance. I HEREBY CERTIFY that the foregoing Ordinance.was regularly· passed and adopted by the Council of the .City of Bakersfield on the ~'~day of January, ~923, by the following vote: · yes: Car's e, Griflith,,l~, Hougham, Nelson, Robinson, 'S~.~h. City ~Clerk of the Council of the City of Bakersfield. dy y,~-aan arl~. Nayor of the City sfield.