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HomeMy WebLinkAboutORDINANCES - 03111946 - 0360 ORDINANCE ANCE No. 360 ,.�.. AN ORDINANCE REGULATING THE ESTABLISHMENT AND MAINTENANCE OF ROCK C4MkRRIZS, SAND ,AND GRAVEL PITS AND ROCK CRUSHING PLANTS IN THE COUNTY OF CONTRA COSTA ------------ `fhe Board of Supervisors of the County of. Contra Costa do ordain as follows SECTION I: It shall be unlawful for any person, firm or corporation in the County of Contra Costa, outside of ineor-- porated cities , and within rine-half (1/2) mile distant From any public road, street or highway, or adjacent to or within one (1) mile distant from any bona fide human habitation, to establish, maintain or operate any rook quarry, sand or gravel pit, roof crushing plant, or any apparatus for the manufacture or production of rook, sand or gravel, without first obtaining from the Tax Collector a license so to do. No such license shall be issued ex- cept upon the approval of the Board of Supervisors, after due notice and hearing as hereinafter provided. SECTION IIs Any person, firm or corporation desiring to ob- tain a license, as herein provided for, shall file a written applica- tion therefor with the Clerk of the Board of Supervisors, accompanied by a deposit in such amount as the said Clerk shall estimate to be ample to defray the cast of publication and posting hereinafter in this .section provided for. Said Clerk of the Beard of Supervisors shall fix a time and place for public hearing on said application, which time shall be not less than thirty (30) days after such filing. Prior to such hearing, the Clerk of• the Board of Supervisors shall cause a copy of a notice of such hearing to be published in a news- paper of general circulation in the County of Contra Costa, located in or nearest the community in which the rook quarries or sand or gravel pits and rock crushing plant are proposed to be established. 1. Such publication, if made in a daily newspaper, shall be far a period of not less than five ( 5) consecutive publications of said newspaper preceding the date of hearing, and if made in a weekly newspaper shall be for a period of not less than two (2) consecutive publications of said paper preceding the date of hearing. Said Clerk shall also cause a copy of such notice of hearing to be posted at points adjacent to two (2) traveled public roads or high- ways nearest to the proposed location of such rook crusher, plant or other facility for a period of at least fifteen (15 ) days prior to the date of such hearing, and in such manner as would reasonably give notice to the passersby of the matters contained in said notice. SECTION III: At the time and place fixed for the hearing on such application, the Board of Supervisors shall hear the same and any protests thereto, and upon such evidence and matters brought to its attention at such hearing, shall make findings as to whether or not the establishment or maintenance or operation of such proposed rock crusher or plant for the production and manufacture described in said application, or subject to restrictions or conditions sug- gested by the said Board of Supervisors, will be or be likely to be- come a public nuisance, or will be dangerous or detrimental to the public peace, health, safety or general welfare. SECTION IV: That upon the approval of said Board of any such application, the Clerk of said Board shall notify the Tax Collector in writing of the granting of such approval, and, there- after, said Tax Collector shall issue to such applicant such license upon receipt of the sum of FIVE AND 1401100 (:75.00) Dollars, which said sum is hereby fixed as alicense fee for each such li- cense provided for herein. SECTION V: That in the event the said Board of Supervisors shall have withheld or denied its approval of any application here- tofore or hereafter made for any license provided for herein, no new or further application for any such license shall be made to establish the same kind of plant upon the same premises, or any por- 2. tion thereof, as described in such previous application, until the expiration of one (1) year from and after the date of the with- holding or denial of such approval. SECTION VI: In the event that any such rook quarry, sand or gravel pit, rook crushing plant or apparatus for which any such license shall have been hereafter approved shall not have been established or installed within six months from and after the date of such approval, such license, if issued, shall become null and void at the expiration of such six months period, and such approval be and the same is hereby rescinded as of the date of the expiration of such six months period, It shall be unlawful for any person, firm or corporation to establish, install, maintain or operate any rook quarry, sand or gravel pit, rook crushing plant or apparatus after any license issued therefor shall have been revoked or cancelled as provided for herein, or after the effective date of the recision of the approval thereof. SECTION VII: The Board of Supervisors shall have power to prescribe, by uniform rule or regulation, the minimum distance from any public highway, bridge, dam or railroad which shall be maintained by any holder of a permit hereunder in the course of its excavation or any operations tending to displace the soil. SECTION VIII: If at any time, it shall appear to the Board of Supervisors that the licensee, his successors or assigns, have violated any of the terms of such license, or any law, ordinance, rule or regulation applicable, hotice shall be given to the occupant or owner of the property, or the grantee of the license, or his assigns, of the time and place for hearing thereon. The Board of Supervisors shall determine whether the terms of such license, or of any law, ordinance, rule or regulation applicable, have been violated by the holder of the license, or his predecessor in interest, and if it de- termines such violation has occurred, may revoke such license. 30 SECTION IX.* Any person, firm or corporation who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed Five Hundred Dollars ($500,00) , or by im- prisonment in the County Tail for a period not to exceed six (6) months, or by both such fine and imprisonment. SECTION X: Every such 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 cor- poration, and shall be punishable therefor as provided by this ordinance, SECTIO XI This ordinance is hereby declared to be an urgency measure, and shall take effect, and shall be in full force immediately upon its adoption, and within fifteen (15) days after its adoption shall be published with the names of the members voting for and against the same, for one (1) week in "Contra Costa Gazette" a newspaper of general circulation printed and published in said county. The conditions constituting such urgency are as follows, to- wit: Certain uses of land would, if established and conducted within the County of Contra Costa, be a menace to the public health, safety and general welfare. Said Board of Supervisors hereby finds that various persons intend to use land for rook quarries, sand and gravel pits and rook crushing plants, and unless restrained therefrom, will use said land for such purposes. The immediate operation of this ordinance is therefore necessary in order to protect the public health, safety and general welfare. ----------- The foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Contra Costa at a regular adjourned session of said Board, held on the 11th day of March.. 1946, by the 40 following vote, to-grit: ,AYIES. Supervisors - S. S. RIPLEY, H. L. CUMINGSS, RAY S. TAYLOR, W. J. BUCHANAN. NOES: Supervisors - NONE. ABSENT: Supervisors - R. J. TRETABATH, ClvAiman of the Board of Supery sors o the County of Contra Costa, State of California ATTEST: LIA /ter r' County Clerk and x-off oio Clerk of the Board of Supervisors of the County of Contra Costa, State of California 2M.IN. 9 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of CONTRA COSTA COUNTY BOARD OF ................... -.................................................................. SU-1--:11RVISORS Affidavit of Publication ................ ............................;�........................ .................------------..... .................. .......................... ......... ---- ----------- ORDI STATE OF CALIFORNIA, AN ESTAI COUNTY OF CONTRA COSTA TENAl SAND ROCK THE T Vida MeNamer The COSH ............................. ................................being duly sworn, County deposes and says, that at all times herein named was, and now is as folloN ACTIN a citizen of the United States of America, over the age of eighteen for a"y in the C, years, and a resident of said County of Contra Cows. That she is side of ir not, nor was at any time hereinafter named a party to the above In one-h any pabl entitled proceedings; or interested therein, andthat all of said or adlaa mile dim time was, and now is the principal clerk of the printer of the human maintain. CONTRA CosTA GAzETTE,..a newspaper printed, published and mand or circul ated in said Contra Costa County, and as such principal plant, o manufaci clerk=had' charge of all, advertisements in said newspaper. That sand or taining the said CONTRA COSTA GAmTTE, is a newspaper of general license 0 be circulation as that term is defined by Section 4460 of the Political shall proval oi after due Code in the said County of Contra Costa publlslaed for the dissemi- Inafter X nation of local and telegraphic news and intelligence of a general corSECTI( poratt chat ter, having a bona fide subscription list of paying subscribers licenme, a file a w and which has been established,printed and published in said county with the for more than one year lSuperviscast past, and which is not devoted to the posit in interests of published fearClerk the entertainment of a particular class, Clerk shi deray tl profession, trade, calling, race or denomination, or any number p"stilig provided thereof. Board of andf applItelt Isms than That the-...Ordinance No. 360 filing. I ...... ...............------------------------------ ........— Clerk of shall Cali such heft -----...................................... ...........--...........--.... new?apf .......... the oun In or n of which the annexed is a printed copy, was printed and published grwhichl th4 aver are props publicatic in said paper at least.. ...one issue paper ah ............. ............... ............. less than cations o� the date ( 'weekly n .................. ........-.-.••---...--............---..._.__-•-.........-_........... period of secutive preceding to wit: from the...!!k4....day of........Mar q h io46 Clerk sha ...................... notice of points ad public roi tothe..................................day of.......................................19........ the props crusher, a period both days included, to wit: prior to and In mi il� 4 sonably y g arCh 14 i96 notices n ...... ..................................... ................... SECTIC place fixt a PlIcatIq vfmore shi ............._.....---•-------............._.._.._............. ............... ............ protests evidence attention make fin� ........... ........................................ ............................ ............. the estal or operat crusher o ..................... ............. ................. ..... and mam appltcatox or conditt Board of ............................................. ..................................... likely to or will be to the pi; or genera ............................................................ SECT ........... ........................... TO proval of applicatio shall not: .......... ....................... ................ ................................ writing c approval, Collector That the said notice was published in the newspaper proper and cant such sum of F1 not a supplement. lars, whit: as a licenE provided f SECTIO S d d before me this jyib e an rp to e ofe with Boart held------------- -------------------- 0 19 any applfi after mad for herein cation for made to e ta is in plant upo any portic California. such prep; expiration, after the or dental SECT10i any such gravel pit apparatus