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HomeMy WebLinkAbout237 - Prohibiting the Building Over Pacific OceanSECTION 3, Every pile driven in the bed or bottom of the Pacific Ocean and every structure erected in or over the waters thereof within the cor- porate boundaries of the city of Newport Beach prior to the granting of permit therefor, as provided for in SEC. 2 of this Ordinance', and every pile driven or structure.' erect- ed at a place or in a manner 'or for NOTICE NOTICE IS HEREBY GIVEN by the undersigned, as Clerk of. the city of Newport Beach, that the Board of Trustees of said city,. on the 30th. day 6f July, 1923, contluded and de- posited in my office their final report concerning the division of a portion of the city of Newport Beach Into dis- tricts, as provided for by an Act of the Legislature of the State of Cali- fornia, entitled as follows: "An' act to provide' for the es- tablishment within munlcipall- ties of districts or zones with- in which the use of property, height of improvements, and re -' quislte . open space for light and ventilation of such buildings may be regulated by ordinance." (approved May 31, 1917,) All persons particularly or other- wise Interested and the general pub- lic will be given and afforded an opportunity to be heard at the hour of 7:30 o'clock P. M. of Satbrdkp i'tlih 4th. day of August, 1923, dn' -.the coup cil chamber of the Board Oft Trustees Of tile city of Newport beach fit the City Hall thereof, which Is. tile: time and place of hearing, hnd�at'whibli time and place all such.persona are invited to be present Dated July 3lst.,`1923. ALFRED SMITH[ Clerk of the city of Newport: Beach. Publish August 3, 1923. ORDINANCE N0. 237 SE TION 4. 1 Every person, association of two or An Ordinance of the city of New -.more persons, firms, co- partnership, port Beach prohibiting the driving or;or corporation who .nary drive, at- otherwise placing of piles or the =tempt to drive, sink or attempt to erection or maintenance of "strut -! sink, In the bed or bottom of the Lures in or over the waters of the,Pacific Ocean or who shall erect, at- Pacific Ocean within the city of tempt to erect, or cause to be erected Newport Beach except upon permit any structure in or over the waters therefor granted by the Board �Of' thereof, within the corporate limits, Trustees, and declaring any such l' of the city of Newport Beach until 'piles or 'structures to constitute a l a permit therefor shall have been nuisance, and prescribing a penalty I actually granted in the manner pro - forall violations of this ordinance. vided in Sec. 2 of this ordinance, or The Board of Trustees of the city '. who shall drive any pile or piles or of Newport Beach do ordain as fol- erect any structure or structures at Iowa: a place or in a manner or ror a pur -i SECTION 1. pose not provided for In such permit„ It is hereby declared unlawful and shall be guilty of a misdemeanor,' to be a misdemeanor for any per- and every mechanic, workman, or son, association of two or more per- laborer of every description taking sells, firm, co- partnership- or cor- any, part therein, and who does not 'poration to drive, attempt to drive, immediately cease all work or labor' sink or attempt to erect, or to main- being done or performed by him in Lain when erected, any structure In the driving of any such pile or piles, ,or over the waters thereof within the or in the erection of any such strue- ,corporate limits of the city of New-:• Lure or structures, upon demand of pM't Beach without first procuring a t the Marshal of the city of Newport 'permit to do so from the Board of � Beach, shall also be guilty of a mis- Trustees of said city. demeanor. SECTION 2. Every person, association of two or Every person, association of two more persons, firm, co- partnership, or more persons, firm, co- Partner- or corporation who shall have driven .ship or .corporation desiring to drive any piles or caused the same to be any piles into the bed 'or bottom of driven, or who shall erect or cause the Pacific Ocean " or to erect any to be erected any structure in viola - structure in or over the waters there -'. Lion of this Ordinance shall be guilty of within the corporate limits of the' of a misdemeanor for each day that city of Newport Beach may file an any such pile remains driven or ' application to do so with the Clerk structure remains erected. -of the city of Newport Beach. The SECTION 5 application shall be signed by the Every person who shall do any act ,real parties in interest and be ac- declared by this ordinance to be ml_ companled by the affidavit of the lawful and to constitute a mis- .signer or signers thereto, showing demeanor, or who shall be concern - that such signer or signers are the ed in the doing thereof, Shan upon real parties In interest, and that the conviction in a court of competent - permit is sought' in good faith and Jurisdiction be punished by a fine � not to hinder any person or persons, not exceeding $300. or by imprison - and that it is the intention of the ap- ment not exceeding ninety days, o'r plicant to drive the piles or erect the by both such fine and imprisonmentI; structure all as shown by the pans in the discretion of the court. ;and specifications and for the put- SECTION 6 .poses set forth in the application. The above and foregoing ordinance) The application shall set forth the shall be published once in NEWPORT' exact place where any pile or piles VN S, a newspaper of general cir -, are to be driven or any structure to cmatron prhiteu, pubiished and cii' -' be erected, the purposes therefor, and culated in the city of Newport Beaca,- shall contain an agreement that when and shall take effect and be in force She use of any such piles or structure thirty days after its passage. ,for which the same' Was driven "or The foregoing Ordinance No. 237 erected has ceased the applicant will, was duly introduced at a regular upon demand of the city. of Newport meeting of the Board of Trustees of .Beach, remove or cause the same to the city of Newport Beach held on. the be wholly removed.' 23rd. day of July, 1923, and passed The application shall be accompani- at a regular meeting thereof held on ed with plans and specifications the 20th day of July, 1923, by the setting forth In detail the number o: vote of the following named members .piles to be driven, their relation out thereof: to the other, or the structure to be AYES: Trustees, J. J. Schnitker, H. erected, giving the size and dimen_ C. Sloan, Geo. P. Wilson, Conrad lion= thereof, and the 'material out Richter, L. S. Wilkinson. of which it is to be composed. NOES: Trustees, none. The Clerk of the city of Newport ABSENT: Trustees, none. Beach shall, at the next regular meet- The above and foregoing Ordinance Ing of the Board of Trustees after No. 237 being this day passed Is the filing with him of such applica- signed and approved by me. tion, plans and specifications. pre- J. J. SCHNITKER President of the Board of Trustees sent the same to the Board of Trus- tees of the city of Newport Beach, City of Newport Beach. which Board of Trustees shall have ATTEST: full right, power' and authority to ALFRED SMITH .refer the application to the engineer Clerk of the city of Newport Beach. Of the city of Newport Beach for his Publish August 3, 1923. consideration and advice thereon, ° or to grant the application, or to re- quire the applicant to furnish all such other and additional Informa- tion as the Board of Trustees may deem necessary, or to impose' cond.- Lions or modifications upon the ap- plicant including the furnishing of .aepurity by way of bonds for the faithful observance and carrying out of the permit and of the terms there- of, and. may grant the permit sub- ject to such modifications and con- ditions as may be 'imposed, or to deny the application and refuse to grant the permit. SECTION 3, Every pile driven in the bed or bottom of the Pacific Ocean and every structure erected in or over the waters thereof within the cor- porate boundaries of the city of Newport Beach prior to the granting of permit therefor, as provided for in SEC. 2 of this Ordinance', and every pile driven or structure.' erect- ed at a place or in a manner 'or for NOTICE NOTICE IS HEREBY GIVEN by the undersigned, as Clerk of. the city of Newport Beach, that the Board of Trustees of said city,. on the 30th. day 6f July, 1923, contluded and de- posited in my office their final report concerning the division of a portion of the city of Newport Beach Into dis- tricts, as provided for by an Act of the Legislature of the State of Cali- fornia, entitled as follows: "An' act to provide' for the es- tablishment within munlcipall- ties of districts or zones with- in which the use of property, height of improvements, and re -' quislte . open space for light and ventilation of such buildings may be regulated by ordinance." (approved May 31, 1917,) All persons particularly or other- wise Interested and the general pub- lic will be given and afforded an opportunity to be heard at the hour of 7:30 o'clock P. M. of Satbrdkp i'tlih 4th. day of August, 1923, dn' -.the coup cil chamber of the Board Oft Trustees Of tile city of Newport beach fit the City Hall thereof, which Is. tile: time and place of hearing, hnd�at'whibli time and place all such.persona are invited to be present Dated July 3lst.,`1923. ALFRED SMITH[ Clerk of the city of Newport: Beach. Publish August 3, 1923.