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W <br />0 <br />• <br />• <br />0 <br />ORDINANCE NO. 403 <br />The City Council of the City of <br />Newport Beach do ordain as fol- <br />lows, to -wit: <br />SECTION 1. It shall be the <br />duty of the Building Inspector of <br />the City of Newport Beach to do <br />all the inspection of buildings and <br />structures, or parts thereof, re- <br />quired to be made by the terms of <br />this Ordinance. <br />SECTION 2. It shall be unlaw- <br />ful for any person to do or cause <br />to be done any lathing or plaster- <br />ing, or any alteration of lathing <br />or plastering, in or upon any build- <br />ing or structure unless such lath- <br />ing or plastering is done in the <br />manner and of the materials here- <br />inafter specified. in this Ordinance, <br />and unless all the inspections <br />thereof are had and do -ac by the <br />said Building Inspector as requir- <br />ed herein. <br />SECTION 3. The term "Plas- <br />tering Contractor" shall include <br />any person, firm or corporation, <br />general contractors or builders or <br />any one doing or causing to be <br />done any plastering on any build- <br />ing or structure in the City of <br />Newport Beach. <br />SECTION 4. Any person, firm, <br />general contractor, corporation or <br />any one building to sell, doing <br />plastering in the City of Newport <br />Beach shall first before doing any <br />plastering obtain a license so to <br />do. Such license shall be issued by <br />the City Clerk of the City of <br />Newport Beach and only to such <br />person, firm or corporation as <br />herembefore stated, the holder of <br />a State Contractor's license, upon <br />the payment of a fee of $25.00 per <br />year or any portion of a year, pay- <br />able annually in advance. It is <br />hereby declared to be unlawful for <br />any person to engage in the busi- <br />ness of plastering or to take a <br />contract for plastering any build- <br />ing or to do any plastering for <br />which a plaster permit is re- <br />quired without holding a plaster- <br />ing license. <br />SECTION 5. This license may <br />be revoked by the City Council of <br />the City of Newport Beach if it is <br />found that the contractor holding <br />such license has deliberately and <br />wilfully violated the provisions of <br />the Plastering Ordinance, and no <br />license shall be issued him during <br />the period of twelve (12) months <br />following the revocation of his <br />license. <br />SECTION 6. No license shall <br />be issued as in Section. 4 provided, <br />for any plastering or lathing in or <br />upon any building or structure, <br />within the City limits of Newport <br />Beach, until said person, associa- <br />tion or corporation has made and <br />executed a bond by a reliable <br />bonding company in The amount of <br />One Thousand Dollars ($1000.00); <br />payable to the City of Newport <br />Beach and approved by the City <br />Attorney of the City of Newport <br />Beach, which bond shall be con- <br />ditioned that the principal shall <br />faithfully abide by and conform <br />to the provisions of this Ordin- <br />ance and that any person suffer- <br />ing damage by reason of a viola- <br />tion of a;y of the conditions of <br />this Ordinance by the principal, <br />may sue and recover thereon in <br />his, its or their own name. <br />SECTION 7. Permits <br />It shall be unlawful for any per- <br />son, firm or corporation to do or <br />cause to be done any plastering or <br />lathing in or upon any building <br />or structure, which work exceeds <br />Twenty -five Dollars ($25.00) in <br />cost, unless a permit so to do has <br />been first obtained as in this Or- <br />dinance provided. <br />SECTION S. Fees <br />'Ihe fees to be paid to the Build- <br />ing Inspector for the issuance of <br />a permit for each building on <br />which work is to be done shall be <br />one cent per yard to fifteen hun- <br />dred (1500) yards; % cent per <br />yard for the next fifteen hundred <br />(1500) yards and all over three <br />thousand (3000) yards il, cent per <br />yard for interior and exterior <br />plastering. There shall be a mini- <br />mum charge of one dollar ($1.00). <br />SEC'T'ION 9. It shall be unlaw- <br />ful to lath, plaster, seal, or in any <br />manner conceal any part of any <br />building under construction until <br />came has had an approval by the <br />Building Inspector. <br />SECTION 10. That three cop- <br />ies of a Code in book form estab- <br />lished rules and regulations for <br />plastering in the City of Newport <br />Beach have heretofore been filed <br />with the Clerk of the City of New- <br />port Beach, and said Code is here- <br />by adopted and made a part of <br />this 'Ordinance by reference the <br />same as though set forth in full <br />herein. <br />SECTION 11. That any person, <br />firm or corporation who shall vio- <br />late any provisions of this ordin- <br />ance shall be deemed guilty of a <br />misdemeanor, and upon conviction <br />thereof shall be punishable by a <br />fine of not more than Three Hun- <br />dred Dollars ($300.00) or by im- <br />prisonment in the County Jail of <br />Orange County, for not more than <br />six months, or by both such fine <br />and imprisonment. <br />SECTION 12. If any section, <br />subdivision, sentence, clause or <br />phrase of this ordinance is for any <br />reason held to be unconstitutional, <br />such decision shall not affect the <br />validity of the remaining portion <br />of this ordinance. The City Council <br />of the City of Newport Beach <br />hereby declares that it would have <br />passed this ordinance, and every <br />section, subdivision, sentence, <br />clause or phrase thereof, irrespec- <br />tive of the fact that any one or <br />more sections, subdivisions, sen- <br />tences., clauses or phrases be de- <br />clared unconstitutional. <br />SECTION 13. That all ordin- <br />ances or parts of ordinances in <br />conflict with the provisions of this <br />ordinance be and the same are <br />hereby repealed. <br />SECTION 14. That the City <br />Clerk shall certify to the passage <br />of this ordinance and cause the <br />same to be published once in <br />NEWPORT NEWS, a weekly <br />newspaper printed and published <br />in the City of Newport Beach, as <br />required by law, and the same <br />shall take effect and be in force <br />thirty days after its passage. <br />I herebv 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 />Bach, held on the 2nd day of May, <br />1932, and was duly passed and <br />adopted at a regular meeting of <br />said City Council held on the 23rd <br />day of May, 1932, by the follow- <br />ing 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 above and foregoing ordin- <br />ance is approved by me this 23rj <br />day of May. 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 Beach. <br />Pub. —May 26, 1932. <br />I, Frank L. Rinehart, Clerk of the City of Newport <br />Beach, do hereby certify that the foregoing Ordinance No. 403 <br />is a true and correct copy of an Ordinance passed by the City <br />Council at a regular meeting he on May 23, 1932, and that <br />same was printed and publishe ccording to%yv. <br />Clerk of the City bf Newport Beach <br />