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.