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ORDINANCE NO. 911
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 7103, 7110, AND
7151 OF CHAPl'ER 1, AND SECTION 7610 OF CHAPTER
6, ARTICLE VII OF THE SANTA MONICA MUNICIPAL
CODE AND ADDING SECTION 7113 TO CHAPTER 1 THERE-
OF, ALL PERTAINING TO PUBLIC WORK PERMITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS~
SECTION 1. Section 7103, Chapter 6. Article VII, of the
Santa Monica Municipal Code is hereby amended to read:
SECTION 7103. Fee Required. Each such appli-
cation, or renewal thereof. shall be accompanied by a fee
as prescribed in Sections 7112 and 7113. Applications by
departments of the City of Santa Monica, the Board of
Education, or other governmental agencies, shall not re-
quire such fee.
SECTION 2. Section 7110, Chapter 6, Article VII. of the
Santa Monica Municipal Code is hereby amended to read:
SECTION 7110. Issuance of Permit. Upon approval
by the Department of Public Works of the application and
the filing of the surety bond and cash deposit required by
this Chapter, the Director of Public Works shall issue a
written permit to make such excavation or obstruction and
shall open and keep an account thereof.
Such permit shall state whether the work to be
done is covered by a surety bond or cash deposit and if a
cash deposit, shall state the amount thereof and shall be
a receipt therefor. It shall also specify the person to
whom the same is issued, the street or sidewalk and the
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particular portion or portions thereof to be excavated or
obstructed and the extent of such excavation or obstruction.
No permit shall be transferable. Every such permit shall
become and be void unless the excavation or obstruction to
be made pursuant thereto is commenced within sixty (60) cal-
endar days from the date of issuance of such permit and
shall be prosecuted diligently to completion before the ex-
piration of one hundred twenty (120) calendar days from said
date. In case the work called for under said permit is not
completed within the time specified above, the Street Super-
intendent, at his discretion, may extend the time for Com-
pletion, as may seem best to serve the interest of the City.
If any person shall fail, refuse, or neglect to
complete the making of any house connection to a sewer or to
refill any excavation or remOve any obstruction within the
time required by this Section, then the Department of Public
Works shall complete the refilling of such excavation or re-
move the obstruction in the manner required by this Chapter
and the City shall retain the cost of such refilling or re-
moval from the cash deposit made for such excavation or ob-
struction, if a cash deposit shall have been made; in case
a surety bond is maintained as provided herein, the said
City shall bill and receive full payment for all fees or
charges in connection with work completed or permits issued
under any and all surety bonds before release of surety
bonds.
If the work of excavation or obstruction is not
commenced within sixty (60) days from the date of such permit,
such permit shall be cancelled and the City shall retain the
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permit fee from the person to whom such permit was issued.
SECTION 3. Section 7151, Chapter 1, Article VII, of the
Santa Monica Municipal Code is hereby amended to read:
SECTION 7151. Materials or Equipment in Streets-
Permits, Regulations, Fees:
(a) Permit required. No person shall deposit or
maintain in or upon any public street, mall, court, alley,
sidewalk, or parkway, any protection fence, protection can-
opy, building material of any kind, debris from any building
or building excavation, or any kind of material or equipment
used or intended for use in connection with any building or
other work upon adjacent private property without first re-
ceiving a permit from the Department of Public Works so to
do, and paying to said Department a fee as set forth in sub-
section (c) of this section to cover all cost of processing
the application for permit and inspection. The Department of
Public Works may, by such permit, require compliance with
special conditions to safeguard the public and protect the
public street and sidewalk or other public improvements.
Exception: The previsions of this section shall
not apply to cranes mounted on vehicles which conform to the
width, height, length, size, and weight limitations set forth
in Division 15 of the Vehicle Code of the State of California
when no part of such vehicle, when parked and in operation
in a public street, extends more than ten (10) feet into the
roadway from the curb or which occupies less than one-half
(1/2) the width of any alley in which it is working.
(b) Application for Permit. The application for
said permit shall contain:
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1. The address for which a permit is desired;
2. The name, address, and telephone number of
the owner of the adjacent private property;
3. The name, address, and telephone number of
the applicant;
4. A non-business hour telephone number of the
party responsible for use of public property; and
5. A plot plan showing limits and location of
the area to be used.
(c) Permit Fees.
1. For depositing or maintaining any protection
fence, protection canopy, building material, debris, or
equipment, excepting cranes, in or upon any public street,
sidewalk, or parkway, the permit fee shall be ten (lOi)
cents per square foot occupied, except that the minimum
permit fee shall be Twenty Five ($25.00) Dollars. The dur-
ation of the permit shall be for sixty (60) days; an additional
or renewal permit shall be required after the expiration
of the first sixty (60) day period, and each sixty (60) day
period thereafter, and a double fee shall be charged if the
area is occupied prior to securing the required permit, or
after such permit shall have expired.
2. For the use, storing, or maintaining of one
or more cranes in or upon any public street, sidewalk, or
parkway, the permit fee shall be Twenty Five ($25.00) Dollars
per crane for the first day or fraction thereof, plus Twenty
Five ($25.00) Dollars for each additional day or fraction
thereof for each crane for each work site; provided that in
the event the permittee files a subsequent application for
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the same location and for additional days not specified in
the original permit. the permit fee shall be Twenty Five
($25.00) Dollars per day or fraction thereof. Every fee
shall be doubled if such crane or cranes are stored prior
to securing the required permit or after such permit shall
have expired.
SECTION 4. Section 7610, Chapter 6, Article VII of the
Santa Monica Municipal Code is hereby amended to read:
SECTION 7610. Permit Requirements. No person,
firm, or corporation shall remove, cut, trim, prune, plant,
injure, or interfere with any tree. shrub, or plant upon any
street or public place of the City without a permit therefor
from the Street Superintendent, and the Street Superintendent
is authorized to grant permission, in his discretion, to any
owner or authorized representative to remove at his own ex-
pense and at the discretion of the Street Superintendent to
require said owner or authorized representative to bear the
cost of replanting any tree. shrub, or plant, and such permit
shall become and be void unless work is commenced within thirty
(30) calendar days from the date of issuance of such permit,
and such removal shall be prosecuted diligently to completion
before the expiration of sixty (60) calendar days from said
date. In case the work called for under said permit is not
completed within the time specified above, the Street Super-
intendent, at his discretion, may extend the time for the com-
pletion as may best serve the interest of the City.
Each such permit written shall require a fee of
Five ($5.0~ Dollars. Permits issued to departments of the
City of Santa Monica, the Board of Education, or other govern-
mental agencies shall not require such fee. If such
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work is performed prior to securing the required permit, the
fee shall be double the usual amount.
Where persons have posted bond to cover the cost
of inspection, replanting, and restoring public streets or
sidewalks to their original condition, such permit fees need
not be paid when permits are issued, but such persons may be
billed monthly thereafter.
The Street Superintendent may, at his discretion,
require the posting of a cash deposit or bond in such amount
as he may deem sufficient to secure the completion of the work,
and to indemnify the City against any damages to public prop-
erty arising from the exercise of rights granted under the
permit and to include the cost of inspection.
SECTION 5. Section 7113 is hereby added to Chapter I,
Article VII of the Santa Monica Municipal Code to read:
SECTION 7113. Resurfacing Where Work Not Done By
City.
If such work is started prior to the securing of
the permit required, all applicable fees, deposits, and charges
shall be in an amount that is twice the amount provided for
in this section.
SECTION 6. Any provision of the Santa Monica Municipal
Code, or appendices thereto inconsistent herewith, to the extent of
such inconsistencies and no further are hereby repealed.
SECTION 7. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or un-
constitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council hereby declares that it would
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have passed this ordinance and each section, subsection, sentence,
clause or phrase -hereof, irrespective of the fact that anyone
or more sections, subsections, sentences, clauses or phrases be
declared invalid or unconstitutional.
SECTION 8. Any person violating any of the provisions of
this ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not exceeding Five Hundred ($500.00)
Dollars or Six (6) months in the county jail of Los Angeles County,
or by both such fine and imprisonment in the discretion of the court.
SECTION 9. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within fifteen
days after its adoption. This ordinance shall become effective after
thirty days from its adoption.
ADOPTED this 10th
day of
April, 1973.
ATTEST:
~d;:~
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\.~~_ -I" ~/~IL~
ASSiSt~ City ClerK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF SANTA MONICA )
ss.
I do hereby certify that the foregoing ordinance was duly
and regularly introduced at a meeting of the City Council on the
27th day of
March
, 1973; that thereafter the said
ordinance was duly adopted at a meeting of the City Council on the
10th day of
April
, 1973, by the following vote of
the Council:
AYES:
Councilmen:
Gabriel, Hoover, McCloskey, Reidy,
Rinck, Trives, Dituri
NOES:
ABSENT:
Councilmen:
None
Councilmen:
None
APPROVED AS TO FORM:
(~1 ~~
J City'Attorn~y .
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~~s;ttant City C erk -
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SECTION 8. This ordinance shall take effect and be ill full force
lInmediately after the passage and adoption thereof and shall remain in effect
until June 30, 1973; at which tIme It shall be of no further effect and shall be
deemed repealed.
SECTION 9. The City Clerk will certify to the passage and
adoption of this ordinance and shall cause the same to be published once in
the Santa Monica Evening Outlook, a newspaper of general circulation, pub-
lished and circulated in the CIty of Santa Monica.
ADOPTED this 27th day of March, 1973.
ATTEST: /
/t/;~u--6t
CIty C:Jrk r
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
C~(~d2~
MaY7
SS:
I do hereby certify that the foregoing ordinance was duly and
regularly introduced at a meeting of the City Council on the 27th day of
March, 1973; that thereafter the saId ordinance was duly adopted at a meeting
of the City CounCIL on the 27th day of March, 1973, by the folloWlng vote:
AYES:
Councilmen:
Gabriel, Hoover, McCloskey, Reidy,
Rinck, Trives, Dituri
None
NOES:
Councilmen:
ABSENT:
Councilmen:
None
APPROVED AS TO FORM:
~ f
/;(/ ~~j~
- tity Clerk
C1J~l.k~r i ~J1J~-~ 1
'/ - CLty/Attorney -
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