HomeMy WebLinkAboutORDINANCES - 04051926 - 0185 4or
ORDI AN, CE
■ 185
An Ordinance Regulating Excava. to comply with any requiremelit
tions In Portions of County contained in this section.
Roads, Lane*, Alleys, and Pub- Section 6. Every permit for an
lic Places In the County of Con.- excavation in any of the places
tra Costa, Regulating the Re- for which a permit for the same
filling and Repair of Said Ex- is required under the terms of
cavations, Requiring a Permit this ordinance shall be granted
Therefor. and Providing a Pen- subject to the right of the County
alty for Violations of this Ordin. of Contra Costa, or of any other
ance. person, firm or corporation en-
The Board of Supervisors of the titled thereto, to use said place
County of Contra Costa, State of where said excavation is to be
California. do ordain as follows: made for any purpose for which
Section 1. Definition--The words the same? may be lawfully used.
"Paved Surface", as used in this Every permit for such an exca-
ordinance, are hereby defined to vation, under the provisions of
mean any form of pavement, used this ordinance, shall also be
on any public road In the County granted subject to the paramount
of Contra Costa, whether said right of the County of Contra
pavement is composed of -cement, Costa, to use said place where
concrete, asphalt, oil, gravel, said excavation Is to be made for
crushed rock, or any combination any lawful purpose without obli-
of said forms of pavement, gation to the person, firm or cor-
Section 2. It shall be unlawful poration securing the said permit
for any person, firm or corporation for damages by reason of removal
to make or cause or permit to be of any injury to any object placed
made any excavation in or under there by said person, firm or cor-
the paved surface of any public poration.
road, street, alley or place in Section 7. After completion of
the County of Contra Costa, save the excavation for which any per-
and except within the right-of- mit Is issued under the provisions
way of a highway under the Juris- of this ordinance, and the replac-
diction of the State Highway Com- ing of the surface of the place
mission, without first obtaining where said excavation was made
from the County Surveyor, a writ- to its original condition has been
ten permit to make such excava- complete0d to the satisfaction of
tion, and without first making a the.County Surveyor, as evidenced
deposit with the County Treasurer, by his written endorsement thereof
of the County of Contra Costa, to on the original permit, the deposit
cover the cost of restoring the made by the applicant will be re-
place where said excavation Is to turned to him by filing. said per-
be made, to Its original condition. mit together with a claim for the
Section 3. The permit provided amount deposited by him with the
for in Section 1 of this ordinance Board of Supervisors of the County
shall be granted by the County of Contra Costa, which said claim
Surveyor only upon written appli- shall be unon the General Fund
cation the'refor to be filed by the of said County, and shall be In the
person seeking a permit, which form required by law, and vert-
said application shall set forth the fled by the applicant or some per-
name, and residence or busyness son on his behalf.
address of the person, firm or cor- Section 8. None of the provis-
poration making such application, tons of this ordinance shall apply
and shall In detail state the loca.- to any work done or to be done in
tion and area of each excavation any place where a, permit Is re-
Intended to be made and the pur- quired under the provisions of
pose for which such excavation this ordinance, when said work Is
Is to be made. done pursuant to a law of the
The permit of the County Sur- State of California, or under a
veyor, in addition to the portion contract with the County of Con-
thereof permitting the excavation tra Costa, provided, however, that
as applied for or as the County all of the provisions of Section 5
Surveyor deems best for the public of this ordinance shall apply to
Interest, shall also state as a such work and to any excavations
term thereof, that the applicant to be made In or upon any public
shall deposit with the County road or alley or any public place'
Treasurer a sum, to be determined in the County of Contra Costa, pro-
by the County Surveyor, certain vided further, that the provisions
to cover the cost of restoring said of this ordinance shall not apply
paved surface to its original con- to excavations made by any public
dition, and further that said per- officer of the County of Contra
mit shall be of no force and ef- Costa, in the discharge of his of-
f ect until the sum so specified ficial duties.
shall be paid Into the County Section 9. Any person, firm or
Treasury, and the receipt of the corporation violating any of the
County Treasurer for said deposit provisions of this ordinance! shall
has been Issued to the applicant, be deemed guilty of a misde-
Section 4. It shall be unlawful meanor, and upon conviction there-
for any person, firm or corporation of shall be punished by a fine of
to make or cause or permit to be not more than Five Hundred Dol-
made any excavation under any lars ($500.00), or by Imprisonment
permit, differing from, or in a for a period of not less than six
different place than the excavation (6) months in the County Jail of
or excavations described in said the County of Contra Costa, or by
application for said permit. both such fine and Imprisonment.
Section 5. It shall be the duty Such person, firm or corporation
of every person, firm or corpora- shall be deemed guilty of a separ-
tion making any excavation In any ate offense for each day during
place in the County of Contra any portion of which any violation
Costa, for which excavation a per- of any provision of this ordinance
mit is required under the provis- is committed and shall be punish-
tons of this ordinance, to make able therefor as provided by this
safe crossing for vehicle traffic at ordinance.
all road intersections, and Into the This ordinance shall take effect
entrances of all private property. thirty (30) days after its passage
All materials excavated shall be and prior to the expiration of fif-
laid compactly along the side Of teen (15) days after the passage
the trench and kept trimmed up, thereof, shall be published for one
so as to cause as little public in- week in Contra Costa Gazette, a
convenience as possible. All gut- -newspaper of general circulation,
ters shall be maintained free and published in the said County of
unobstructed for the full depth Contra. Costa.
of the adjacent curb and for at Passed and adopted at a regular
least one (1) foot In with from session of the Board of Supervis-
the face of such curb at the gut- ors of the County of Contra Costa,
ter line. It shall also be the duty on the 5th day of April, 1926, by
of any person, firm or corporation the following vote:
making any excavation for which AYES: Supervisors Zeb Knott,
a permit Is required under the Oscar Olsson, C. H. Hayden, W. J.
terms of this ordinance, to place Buchanan and R. J. Trembath.
and maintain barriers in �such a NOES: Supervisors None.
manner and at such places as may ABSENT: None.
be necessary to prevent accidents. (Seal of the Board of Supervisors)
and also to place and maintain
warning lights at each end of W. J. DUCHANAN,
such excavation and at distances Chairman of the Board of Super-
of not more than fifty (50) feet visors of the County of Contra
apart along the line thereof. from Costa, State of California.
sunset each day until sunrise next ATTEST:
day, until such excavation Is en- J. H. WELLS,
tirely refilled; and it shall be un- Clerk of the Board of
lawful for any peorson, firm or cor- Supervisors.
poration, to fall, refuse or neglect Publish April 10