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• <br />• <br />• <br />E <br />• <br />0 <br />ORDINANCE NO. 405 <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 "Chimney <br />Ordinance ". <br />SECTION 2. It shall be unlaw- <br />ful for aany person to do or cause <br />to be done any chimney construc- <br />tion in or upon any building or <br />structure in the City of Newport <br />Beach, without first obtaining a <br />license and permit as hereinafter <br />in this ordinance provided. <br />SECTION 3. The term "Chim- <br />ney Contractor" shall include any <br />person, firm or corporation, gen- <br />eral contractors or builders doing <br />or causing to be done any chimney <br />construction in or upon any build- <br />ing or structure in the City of <br />Newport Beach. The term Chim- <br />ney Contractor shall also include <br />any person, firm or corporation <br />who does or causes to be done <br />any chimney construction on a <br />percentage basis, or anyone who <br />supervises, manages or controls <br />any chimney construction in or <br />upon any building or structure in <br />the City of Newport Beach. <br />SECTION 4. License Required. <br />Any chimney contractor, firm or <br />corporation doing chimney con- <br />struction work in the City of New- <br />port Beach shall first, before do- <br />ing any chimney construction <br />work, obtain a license so to do. <br />Such license shall be issued by the <br />Building Inspector of the City of <br />Newport Beach, only to such per- <br />son, firm or corporation as herein - <br />before stated, upon the payment <br />of a fee of $25.00 in advance: The <br />license shall be for the term of <br />one year from the first day of <br />July. It is hereby declared to be <br />unlawful for any person, firm or <br />corporation, who by Section 3 of <br />this ordinance is a chimney con- <br />tractor, to engage in the chimney <br />construction business or take any <br />contract for, or do any chimney <br />construction work, for which a <br />permit is required, without holding <br />a chimney contractor's license. <br />SECTION 5. Permits. <br />It shall be unlawful for any per- <br />son, firm or corporation, to do or <br />cause to be done, any chimney <br />construction work in or upon any <br />building or structure, which work <br />exceeds Ten Dollars ($10.00) in <br />cost, unless a chimney construc- <br />tion permit so to do has been first <br />obtained as in this ordinance pro- <br />vided. The Building Inspector shall <br />not issue a permit as provided <br />for in this section until the said <br />chimney contractor has obtained <br />a license as provided for in Section <br />4 of this ordinance. <br />SECTION 6. Fees. <br />The fees to be paid to the Build- <br />ing Inspector for the issuance of <br />a Chimney construction permit for <br />each building on which work is <br />to be done shall be Fifty cents <br />($.50). In the event said permit <br />shall not be applied for before <br />said work is commenced, a charge <br />of $10.000 shall be paid for the <br />issuance of each permit. <br />SECTION 7. The Building In- <br />spector, upon notification of the <br />permit ho' -der or his agent, shall <br />inspect said chimney. The Inspec- <br />tor at the time of said inspection <br />shall either approve said chimney <br />construction as complying with <br />the Building Code of the City of <br />Newport Beach, or the Building <br />Inspector shall notify the permit <br />holder wherein the work fails to <br />comply with said Building Code, <br />and no mantle shall be built or <br />constructed on said chimney until <br />said chimney construction has <br />been approved by the Building <br />Inspector. <br />SECTION 8. Bonds <br />Every person, firm, company or <br />corporation, before such license <br />shall be granted, shall have a li- <br />cense from the State of California, <br />as provided by the laws of the <br />State of California, and shall fur- <br />ther give a bond to the City of <br />Newport Peach in the sum of <br />$500.00, with two good and suffic- <br />ient sureties to secure any person, <br />or persons against non - payment of <br />bills; which sureties shall qualify <br />that they are worth said sum over <br />and above all liabilities and ex- <br />emptions; which said bond shall <br />be approved by the City Attorney <br />of the City of Newport Beach and <br />shall be filed with the City Clerk <br />thereof. <br />SECTION 9. Penalty <br />Any person, firm or corporation <br />violating any of the provisions of <br />this Ordinance shall be deemed <br />I, Frank <br />Newport Beach, do hereb y <br />No. 405 is a true <br />the City Council <br />of May, 1932, and <br />according to law. <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 the City of Newport <br />Beach, for a term of not less than <br />five (5) days nor more than ninety <br />(90) days, or by both such fine <br />and imprisonment. A Judgment <br />imposing a fine may provide for <br />its collection by imprisonment in <br />either or said jails in the propor- <br />tion of one day for each dollar of <br />the fine until such fine is wholly <br />satisfied. <br />SECTION 10. Repeal <br />All ordinances and parts of or- <br />dinances affecting the subject of <br />this ordinance are repealed insofar <br />as they affect the subject of this <br />ordinance. <br />SECTION 11. This ordinance <br />shall take effect thirty (30) days <br />after its final passage and ap- <br />proval. <br />SECTIO N12. The City Clerk <br />shall certify to the passage of this <br />ordinance and cause the same to <br />be published once in NEWPORT <br />NEWS, a weekly newspaper pub- <br />lished in the City of Newport <br />Beach. <br />I hereby certify that the fore- <br />going Ordinance was introduced <br />at 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 meeting <br />of said City Council held on the <br />23rd day of May, 1932, by the fol- <br />lowing 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 23rd day of <br />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 />L. Rinehart, Clerk of the City of <br />certify that the foregoing Ordinance <br />and correct copy of an Ordinance passed by <br />at a regular meeting held on the 23rd day <br />that same was printed and published <br />_4� - <br />Clerk of the City o Newport Beach <br />