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• <br />L <br />CJ <br />• <br />• <br />• <br />ORDINANCE NO. 402 <br />The City of Newport Beach, by <br />and through its City Council, do <br />ordain as follows, to-wit: <br />SECTION 1. This ordinance <br />shall be known as the Tile and <br />Marble Ordinance. <br />SECTION 2. It shall be un- <br />lawful for any person to do or <br />cause to be done any tile setting <br />or marble setting in or upon any <br />building or structure in the City <br />of Newport Beach, without hav- <br />ing first obtained a license and <br />permit as hereinafter in this or- <br />dinance provided. <br />SECTION 3. Contractors <br />The term Tile and /or Marble <br />Contractor shall include any per- <br />son, firm or corporation, general <br />contractors or builders doing or <br />causing to be done any tile set- <br />ting or marble setting in or upon <br />any building or structure in the <br />City of Newport Beach. <br />The term "Tile and /or Marble <br />Contractor" shall also include any <br />person, firm or corporation who <br />does or causes to be done any tile <br />setting or marble setting on a <br />percentage basis or any one who <br />supervises, manages or controls <br />any tile setting or marble setting <br />in or upon any building or struc- <br />ture in the City of Newport <br />Beach. <br />Any person, firm or corporation <br />who secures Workmans Compen- <br />sation Insurance, insuring against <br />liability to pay compensation for <br />industrial accidents suffered by <br />anyone doing tile setting or mar- <br />ble setting shall be deemed a "Tile <br />or Marble Contractor ". <br />SECTION 4. License Required. <br />Any tile or marble contractor, <br />firm or corporation doing tile <br />setting or marble setting in the <br />City of Newport Beach shall first, <br />before doing any tile setting or <br />marble setting obtain a license so <br />to do. Such license shall be issued <br />by the Building Inspector of the <br />City of Newport Beach only to <br />such person, firm or corporation <br />as hereinbefore stated, upon the <br />payment of a fee of Fifty Dollars <br />($50.00) in advance. The license <br />shall be for the term of one year <br />from the first day of July. It is <br />hereby declared to be unlawful <br />for any person, firm or corpora- <br />tion, who by Section 3 of this or- <br />dinance is a file or marble con- <br />tractor, to engage in the tile set- <br />ting or marble setting business or <br />take any contract for, or do any <br />tile or marble setting for which a <br />permit is required, without hold- <br />ing a tile or marble contractors <br />license. <br />SECTION 5. Permits <br />It shall be unlawful for any <br />person, firm or corporation, to do <br />or cause co be done, any tile or <br />marble setting in or upon any <br />building or structure, which work <br />exceeds Ten Dollars ($10.00) in <br />cost, unless a tile or marble per- <br />mit so to do has been first ob- <br />tained as in this ordinance pro- <br />vided. The Building Inspector shall <br />not issue a permit as provided for <br />in this section until the said tile <br />and /or marble contractor has ob- <br />tained a license as provided for <br />in Section 4 of this Ordinance. <br />SECTION 6. Fees. <br />The fees to be paid to the Build- <br />ing Inspector for the issuance of <br />a Tile on Marble Permit for each <br />building on which work is to be <br />done shall be Seventy -five cents <br />($35). In the event said permit <br />shall not be applied for before <br />said work is commenced a charge <br />of $5.00 shall be paid for the is- <br />suance of each permit. <br />SECTION 7. Issuance of Per- <br />mit- Inspections. <br />No permit shall be issued by the <br />Building Inspector as provided for <br />in Section 5 hereof until the tile <br />or marble contractor shall first <br />file with the Building Inspector, <br />specifications of said tile, or mar- <br />ble, for work to be done in the <br />City of Newport Beach, under the <br />permit for which application is <br />made, said specifications shall be <br />made on forms to be furnished by <br />the Building Inspector and shall <br />be filed by the party taking out <br />the permit provided for in Section <br />5 hereof. The Building Inspector <br />shall thereupon file the said spec- <br />ifications with the permit issued. <br />SECTION 8. Inspection Re- <br />quired. <br />The Building Inspector upon no- <br />tification from the permit holder <br />or his agent shall inspect the tile <br />or marble setting. Said inspection <br />by the Building Inspector shall be <br />made after the work is complet- <br />ed and within five (5) days after <br />completion. Calls for inspection <br />received by the Building Inspec- <br />tor between the hours of 8:00 <br />o'clock A. M. and 1:00 o'clock P. <br />M. shall be made the following <br />morning. The inspector at the <br />time of said inspection shall either <br />approve the tile or marble setting <br />as complying with the specifica- <br />tions filed and certify to the ap- <br />proval upon the specifications <br />theretofore filled, or the Building <br />Inspector shall notify the permit <br />holder wherein the work falls to <br />comply with the said specifica- <br />tions and shall further certify on <br />the specifications theretofore fil- <br />ed wherein the tile or marble set- <br />ting fails to comply with said <br />specifications. <br />SECTION 9. Bonds. <br />Every such person, firm, com- <br />pany or corporation, before such <br />license shall be granted, shall have <br />a license from the State of Cali- <br />fornia, as provided by the laws of <br />the State of California, and shall <br />further give a bond to the City <br />of Newport Beach in the sum of <br />$500.00, with two good and suf- <br />ficient sureties, to secure any per- <br />son, or persons against non -pay- <br />ment of bills; which sureties shall <br />qualify that they are worth said <br />sum over and above all liabilities <br />and exemptions, which said bond <br />shall be approved by the City At- <br />torney of the City of Newport <br />Beach and shall be filed with the <br />City Clerk thereof. <br />SECTION 10. Revocation of <br />License. <br />The City Council may upon its <br />own motion and shall upon the <br />verified complaint in writing of <br />any person investigate the tile <br />setting or marble setting of any <br />person, firm or corporation, or <br />contractor engaged in said busi- <br />ness and shall have the power to <br />revoke a license issued under the <br />provision of this ordinance at any <br />time where the holder thereof is <br />ry <br />or has been guilty of any of the <br />following: <br />1. —A violation of any of the <br />terms or provisions of this ordin- <br />ance. <br />2. —A deviation from the speci- <br />fications filed with the Building <br />Inspector in the setting of tile or <br />marble. <br />3. —Any conduct which consti- <br />tutes fraud or dishonest dealing. <br />Before revoking any license the <br />City Council shall give the holder <br />of said license at least ten days <br />notice in writing of the charges <br />against him and of the time and <br />place of hearing and afford him <br />an opportunity to be heard in <br />person or by counsel in respect <br />thereto. A decision of the City <br />Council after a public hearing re- <br />voking any license under this or- <br />dinance shall be subject to review <br />in accordance with the provisions <br />of Chapter 1, Title 1, Part 3, of <br />the Code of Civil Procedure of the <br />State of California. <br />SECTION 11. Penalty. <br />Any person, firm or corporation <br />violating any of the provisions of <br />this Ordinance shall be deemed <br />guilty of misdemeanor and upon <br />conviction thereof shall be punish- <br />able by a fine of not less than Ten <br />Dollars ($10.00) nor more than <br />Three Hundred Dollars ($300.00) <br />or by imprisonment in the County <br />Jail of Orange County or in the <br />City Jail of Newport Beach for a <br />term of not less than five (5) days <br />nor more than ninety (90) days, <br />or by both such fine and impris- <br />onment. A judgment imposing a <br />fine may provide for its collection <br />by imprisonment in either of said <br />jails in the proportion of one day <br />for each dollar of the fine until <br />such fine is wholly satisfied. <br />SECTION 12. Repeal. <br />All ordinances and parts of or- <br />dinances affecting the subject of <br />this ordinance are repealed inso- <br />far as they affect the subject of <br />this ordinance. <br />SECTION 13. This ordinance <br />shall take effect thirty (30) days <br />after its final passage and ap- <br />proval. <br />SECTION 14. The City Cleric <br />shall certify to the passage of <br />this ordinance and cause the same <br />to be published once in NEW- <br />PORT NEWS, a weekly news- <br />paper published in the City of <br />Newport Beach. <br />I hereby certify that the fore- <br />going Ordinance was introduced at <br />a regular meeting of the City <br />Council of the City of Newport <br />Beach, held on the 2nd day of <br />May, 1932, and was duly passed <br />and adopted at a regular meet- <br />ing of said City Council held on <br />the 6th day of June, 1932, by the <br />following vote, to -wit: <br />AYES, Councilmen: Gordon, <br />Claire, Ellsworth, Hilmer. <br />NOES, Councilmen: None. <br />ABSENT, Councilmen: Garfield. <br />Attest: FRANK L. RINEHART, <br />Clerk of the City of <br />Newport Beach. <br />The foregoing ordinance is ap- <br />proved by me this 6th day of <br />June, 1932. <br />HERMANN HILMER, <br />Mayor of the City of <br />Newport Beach. <br />Attest: FRANK L. RINEHART, <br />Clerk of the City of <br />Newport Beac1, <br />I, Frank L. Rinehart, Olerk of the City of Newport Beach, do hereby <br />certify that the foregoing Ordinance No. 402 is a true and correct <br />copy of an Ordinance passed by the City Council at gular <br />meeting held on the 23rd day of 1aay, 1932, /Qnd me was <br />printed and published law. <br />.9 .V PT f !1 ffi,� a <br />