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HomeMy WebLinkAbout402 - Tile & Marble• L CJ • • • ORDINANCE NO. 402 The City of Newport Beach, by and through its City Council, do ordain as follows, to-wit: SECTION 1. This ordinance shall be known as the Tile and Marble Ordinance. SECTION 2. It shall be un- lawful for any person to do or cause to be done any tile setting or marble setting in or upon any building or structure in the City of Newport Beach, without hav- ing first obtained a license and permit as hereinafter in this or- dinance provided. SECTION 3. Contractors The term Tile and /or Marble Contractor shall include any per- son, firm or corporation, general contractors or builders doing or causing to be done any tile set- ting or marble setting in or upon any building or structure in the City of Newport Beach. The term "Tile and /or Marble Contractor" shall also include any person, firm or corporation who does or causes to be done any tile setting or marble setting on a percentage basis or any one who supervises, manages or controls any tile setting or marble setting in or upon any building or struc- ture in the City of Newport Beach. Any person, firm or corporation who secures Workmans Compen- sation Insurance, insuring against liability to pay compensation for industrial accidents suffered by anyone doing tile setting or mar- ble setting shall be deemed a "Tile or Marble Contractor ". SECTION 4. License Required. Any tile or marble contractor, firm or corporation doing tile setting or marble setting in the City of Newport Beach shall first, before doing any tile setting or marble setting obtain a license so to do. Such license shall be issued by the Building Inspector of the City of Newport Beach only to such person, firm or corporation as hereinbefore stated, upon the payment of a fee of Fifty Dollars ($50.00) in advance. The license shall be for the term of one year from the first day of July. It is hereby declared to be unlawful for any person, firm or corpora- tion, who by Section 3 of this or- dinance is a file or marble con- tractor, to engage in the tile set- ting or marble setting business or take any contract for, or do any tile or marble setting for which a permit is required, without hold- ing a tile or marble contractors license. SECTION 5. Permits It shall be unlawful for any person, firm or corporation, to do or cause co be done, any tile or marble setting in or upon any building or structure, which work exceeds Ten Dollars ($10.00) in cost, unless a tile or marble per- mit so to do has been first ob- tained as in this ordinance pro- vided. The Building Inspector shall not issue a permit as provided for in this section until the said tile and /or marble contractor has ob- tained a license as provided for in Section 4 of this Ordinance. SECTION 6. Fees. The fees to be paid to the Build- ing Inspector for the issuance of a Tile on Marble Permit for each building on which work is to be done shall be Seventy -five cents ($35). In the event said permit shall not be applied for before said work is commenced a charge of $5.00 shall be paid for the is- suance of each permit. SECTION 7. Issuance of Per- mit- Inspections. No permit shall be issued by the Building Inspector as provided for in Section 5 hereof until the tile or marble contractor shall first file with the Building Inspector, specifications of said tile, or mar- ble, for work to be done in the City of Newport Beach, under the permit for which application is made, said specifications shall be made on forms to be furnished by the Building Inspector and shall be filed by the party taking out the permit provided for in Section 5 hereof. The Building Inspector shall thereupon file the said spec- ifications with the permit issued. SECTION 8. Inspection Re- quired. The Building Inspector upon no- tification from the permit holder or his agent shall inspect the tile or marble setting. Said inspection by the Building Inspector shall be made after the work is complet- ed and within five (5) days after completion. Calls for inspection received by the Building Inspec- tor between the hours of 8:00 o'clock A. M. and 1:00 o'clock P. M. shall be made the following morning. The inspector at the time of said inspection shall either approve the tile or marble setting as complying with the specifica- tions filed and certify to the ap- proval upon the specifications theretofore filled, or the Building Inspector shall notify the permit holder wherein the work falls to comply with the said specifica- tions and shall further certify on the specifications theretofore fil- ed wherein the tile or marble set- ting fails to comply with said specifications. SECTION 9. Bonds. Every such person, firm, com- pany or corporation, before such license shall be granted, shall have a license from the State of Cali- fornia, as provided by the laws of the State of California, and shall further give a bond to the City of Newport Beach in the sum of $500.00, with two good and suf- ficient sureties, to secure any per- son, or persons against non -pay- ment of bills; which sureties shall qualify that they are worth said sum over and above all liabilities and exemptions, which said bond shall be approved by the City At- torney of the City of Newport Beach and shall be filed with the City Clerk thereof. SECTION 10. Revocation of License. The City Council may upon its own motion and shall upon the verified complaint in writing of any person investigate the tile setting or marble setting of any person, firm or corporation, or contractor engaged in said busi- ness and shall have the power to revoke a license issued under the provision of this ordinance at any time where the holder thereof is ry or has been guilty of any of the following: 1. —A violation of any of the terms or provisions of this ordin- ance. 2. —A deviation from the speci- fications filed with the Building Inspector in the setting of tile or marble. 3. —Any conduct which consti- tutes fraud or dishonest dealing. Before revoking any license the City Council shall give the holder of said license at least ten days notice in writing of the charges against him and of the time and place of hearing and afford him an opportunity to be heard in person or by counsel in respect thereto. A decision of the City Council after a public hearing re- voking any license under this or- dinance shall be subject to review in accordance with the provisions of Chapter 1, Title 1, Part 3, of the Code of Civil Procedure of the State of California. SECTION 11. Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of misdemeanor and upon conviction thereof shall be punish- able by a fine of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00) or by imprisonment in the County Jail of Orange County or in the City Jail of Newport Beach for a term of not less than five (5) days nor more than ninety (90) days, or by both such fine and impris- onment. A judgment imposing a fine may provide for its collection by imprisonment in either of said jails in the proportion of one day for each dollar of the fine until such fine is wholly satisfied. SECTION 12. Repeal. All ordinances and parts of or- dinances affecting the subject of this ordinance are repealed inso- far as they affect the subject of this ordinance. SECTION 13. This ordinance shall take effect thirty (30) days after its final passage and ap- proval. SECTION 14. The City Cleric shall certify to the passage of this ordinance and cause the same to be published once in NEW- PORT NEWS, a weekly news- paper published in the City of Newport Beach. I hereby certify that the fore- going Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 2nd day of May, 1932, and was duly passed and adopted at a regular meet- ing of said City Council held on the 6th day of June, 1932, by the following vote, to -wit: AYES, Councilmen: Gordon, Claire, Ellsworth, Hilmer. NOES, Councilmen: None. ABSENT, Councilmen: Garfield. Attest: FRANK L. RINEHART, Clerk of the City of Newport Beach. The foregoing ordinance is ap- proved by me this 6th day of June, 1932. HERMANN HILMER, Mayor of the City of Newport Beach. Attest: FRANK L. RINEHART, Clerk of the City of Newport Beac1, I, Frank L. Rinehart, Olerk of the City of Newport Beach, do hereby certify that the foregoing Ordinance No. 402 is a true and correct copy of an Ordinance passed by the City Council at gular meeting held on the 23rd day of 1aay, 1932, /Qnd me was printed and published according.to law. .9 .V PT f !1 ffi,� a