HomeMy WebLinkAbout1959-10-20; City Council; 8032; Grading, excavations, fills and water courses2
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HAYES & HAYES
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ORDINANCE NO 80.13:
fi ordinance of the City of Carlsbad regulating Grading, ;xcavations, Fills, and Water Coarses
BE IT ORDAIN3ED BY T-HE COUNCIL OF THE CITY- bF
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iection 1. Definitions.
Except where the context otherwise requires, the
Lefinitioms in this ordinance govern the construction of
wrds or phrases used in this ordinance.
Section 2. APPRQVED
when referring to a method, means a
nethod which the City Engineer finds will produce the re-
salts specified in the ordinance.
Section 3. @PROW SOIL TESTING AGENCY.
nApproved soil testing agency" means an agency
which the City Engineer finds has technically qualified
personnel axld adequate facilities for making the required
soil tests e
§e c t i 011 4, AJ&HITJE&T.
nArchitectn means a person who practices or offers
to practice architecture and who is licensed tQ do so by
the State of California.
Section 5. EXCAVATION,
%xcavation" means any act by which earth, sand,
gravel, rock or any other material is cut into, dug,
quarried, uncovered, removed, displaced, relocated or
bulldozed, and shall inclade the CQlrzdikiOZlS resulting there-
Section 6. FILL
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MFillfT means any act by which earth, sand, gravel,
rock, or any other material is deposited, placed, gushed,
pulled, or transported to a place other than the place
from which it was excavated, and shall include the condi-
tions resulting therefrom.
Section 7. GRADING,
PrGradingw means an excavation OT fill, or any
combination thereof, and shall include the conditions
resulting from any excavation or fill.
Section 8, LAND SWWYOR.
'*Land Surveyor" means a person who practices or
offers to practice land surveying and who is licensed to do
so by the State of California,
Section 9. PERSON
?'Person?? Beans any individual, firm, co-partner-
ship, joint advdure, association, social group, fraternal
organization, corporation, estate, trust4 business trust,
receiver, trustee, syndicate, or any other group or COM-
bination acting as a unit, excepting the United States of
America, the State of California, and any political stab-
division of either thereof.
Section 18, REGISTERED CIVIL ENGINEER
9Qegistered civil engineer'' means a person who
practices or offers to practice civil engineering and who
is licensed to do SO by the State of California,
'?R@stered landscape architect" means a person who
practices or offers to practice landscape architecture and
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who is licensed to do so by the State of California,
Section 12. Parpose of ordinance.
The unregulated excavation and filling of property,
ita the course of the physical development of the city
including development in and around water courses, bas
heretofore caused extensive damage to public and private
property and has resulted in numerous hazardous conditions.
The purpose of this ordinance is to require that excava-
tions and fills, and construction in and around water
courses be performed in accordance with good engineering
practice, thereby reducing to a minimum the hazards and
damage to public and private property from such work.
Section 13. Permits required.
(a) 'NO person shall do any grading without a
permit therefor from the city engineer if such grading will
result in any of the following:
hundred (180) cubic yards;
below a two (2) (horizontal) to one (1) (vertical) descend- ing slope from any property line, or a fill three (3) feet or more above a two (2) (horizontal) to one (I) (vertical) ascending slope from any property line;
(1) excavation OF fill in excess of one
(2) AI-I excavation three (3) feet or more
(3) Aa excavation or fill within a public
sewer, water main, storm drain or power line easement;
(4) AJI excavation or fill which will en- crsach on or alter a natural drainage channel or water
coarse .
(b) NO person shall construct, reconstruct, alter,
repair or install any structure in any natural water course
without a permit therefor from the city engineer.
(c) A separate permit shall be reqaired for each
separate (non-contiguous) site. One permit may cover both.
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an excavation and a fill on the same site made with exca-
vated materials ,
Section 14. Permits required; exceptions,
No permit shall be required by virtae of this
ordinance for any of the following:
(a) Grading pursuant to a permit for excavation
in public streets;
(b) Grading in connection with a public improve-
ment or public work for which inspection is provided by
the City of Carlsbad;
(c) Grading by a public utility or 8 mutual water
company in private easements;
(d) AB excavation below finished grade for base-
ments and footings of a building, swimming pool, or under-
ground stracture authorized by a valid building permit where
the cost of such excavation is included in the building
permit valuation, This exception shall not affect the
applicability of this ordinance to, nor the requirement of
a grading permit for any fill made witfa the material from
such excavation,
(e) The mining, quarrying, excavating, processing
or stockpiling of rock, sand, gravel, agregate or clay in
a location where permitted by the zoning regulati,ons of the
city.
Section 15. Permits; issuance by building inspector in connection with building permits.
Whenever grading is performed on a lot or parcel
of land in coaaection with the construction of a building
or structure on such lot or parcel of land for which a
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permit has been issued by the Building Inspector, the
Building Inspector shall perform all o f the duties specified
by'this ordinance to be performed by the City Engineer,
except supervision and inspection of work performed on pub-
lic property or work on drains, dams or revetments, which
shall be performed by the city engineer,
other similar structures on private property required by
the city engineer in connection with permits issued by
him shall be constructed under permit from and inspected by
All walls or
the building inspector. The inspector shall file a copy
of each excavation permit which he issues with the city
engineer .
Section 16, Application for permits.
(a) To obtain a permit, the applicant shall first
file an application therefor in writing, in quintuplicate,
and upon forms furnished by the city engineer. The appli-
cation shall be signed by the owned: of the property where
the work is to be performed, or by his dully authorized
agent, An agent's authority must be shown in writing.
(b) Every suck application shall contain the
following information:
1, The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision under the State Nap Act;
2, The amount of material proposed to be excavated and the amount of fill in cubic yards;
3. The legal description of the property on which the work is to be performed;
4. The street address at the point of access
5. The name and address of the owner of the
to the property where the work is to be performed;
property on which the work is to be performed;
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6. A description of the equipment and methods to be used in performing the work;
7. The name of excavated material to or from is to be performed;
8. ’ The name, a
any person who will haul the property where the work
dress and phone number of
the person to have effective control of the work;
9. The name, address and phone number of
all persons, if any, who will receive excavated materials
or have any interest in the proceeds from the sale or disposal of such materials;
18. The estimated dates for starting and
completing the work to be done;
11. Such further applicable information as the city engineer may require in order to carry out the purposes of this ordinance .
(c) The application shall be accompanied by scale
plans or drawings, in quintuplicate, prepared and signed
by a registered landscape architect, registered civil
engineer, land surveyor, or architect, showing the following:
1. Property lines of the property on which the work is to be performed;
2. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent
property owners which are within fifteen (15) feet of the property on which the work is to be performed;
and the slopes of all work proposed to be done, shown on a .ontour map; and a certification of the quantity of excava- tion and fill involved;
3. Elevations, dimensions, location, extent,
4. Detailed plans of all walls, cribs, drains, dams or other protective devices to be constructed in connection with or as a part of the proposed work, together with il map showing the drainage area and estima-fed cubic feet per second run-off of the area served by any
drain;
5. Such further applicable plans or drawings
as the city engineer may require in order to carry out the purposes of this ordinance.
(d) The city engineer may waive the requirement
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for scale plans or drawings if he finds that the information
on the application is sufficient to show that the work
will conform to the requirements of -this ordinance.
Section 17. Permit fees.
Each application for a grading permit shall be
accompanied by a fee of $10.00,
Section 18. Inspections.
(a) The city engineer shall catlse the following
inspections to be made when so requested by the permit
holder and shall either approve that portion of the work
completed or shall notify the permit holder wherein the
same falls to comply with this ordinance. Plans for grading
work bearing the stamp of approval of the city engineer
shall be maintained at the site during the progress of the
grading work and until the work has been completed.
(b) The permittee or his agent shall notify the
city engineer:
1. Initial Inspection. When he is ready to
begin grading and not less than twenty-four (24) hours before any grading is to be commenced.
rough grading, at least twenty-€oar (24) hours before said inspection is to be made.
2, Rough Grading, Upon completion of all
3, Final Inspection, Upon completion of all work, including the installation of all drainage or other structures.
(c) Special Structures. AII retaining walls,
crib walls and wing walls are required to be built under
permit from an inspection by the buizding inspector,
(d) If the city engineer finds the soil or other
conditions not as stated in the application for a grading
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permit, he may refuse to approve further work until approval
is obtained for a revised grading plan which will conform
to the existing conditions.
Section 19. Issuance and denial of permit.
(a) Whenever in the judgment of the city engineer
the proposed work would directly or indirectly create a
hazard to human life or endanger adjoining property or
property at a higher or lower level, or any public sewer,
storm drain, water course, street, street improvement, or
any other public property, the application shall be denied.
If in the opinion of the city engineer, the danger or hazard
can be eliminated by the erection or installation of walls,
cribs, or other devices, or by a specified method of per-
forming the work, the city engineer may grant the permit
upon condition that the specified protection and grecau-
tionary work be done to his satisfaction, or upon condition
that a specified method of performing the work, the city
engineer may grant the permit upon condition that the
specified protection and precautionary work be done to his
satisfaction, or upon conditioaa that a specified method of
performing the work be used,
. (~b) ~n granting any permit under this ordinance,,
the city engineer may attach such conditions thereto as may
be reasonably necessary to prevent danger to public or
private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in
a manner likely to create a nuisance, Such conditions may
include, but shall not be limited to, (1) limitations on
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the hours of operation or the period of the year in which
the work may be performed; (2) restrictions as to the size
and type of equipment;
materials may be transported, (4) the place and manner of
(3) designation of routes upon which
disposal of excavated materials; (5) requirements as to
the laying of dust, the prevention of noises, and other
results offensive or injurious to the neighhorhood, the
general public, or any portion thereof; (6) designation of
maximum Qr minimum slopes to be used if they vary from
those hereinafter prescribed in this ordinance; (7) regu-
lations as to the use of public streets and places in the
course of the work; (8) regulations as to the degree Qf
compaction of material; (9) requirements as to paving
private driveways and roads constructed under the permit;
(10) requirements for safe and adequate drainage of the
site; (11) a requirement that approval of the city engineer
be secured before any work which has been commenced may be
discontinued; (12) a requirement that men and equipment be
provided at the site during storms to prevent incomplete
work from endangering life or property; and (13) require-
ments for fencing of excavations or fills which would be
hazardous without such fencings.
Section 20. Faithful Performance bonds.
(a) If in the opinion of the city engineer, the
nature of the work is such that if left incomplete it will
create a hazard to human life or endanger adjoining property
or property at a higher or lower level, or any street or
street improvement, or any other public property, the city
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engineer may, before issuing the permit, require a cash
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bond or surety bond in a form satisfactory to him and
not to exceed the principal sum of the bond. Upon the
receipt of such moneys the city engineer shall proceed by
such mode as he deems convenient to cause the required work
to be performed and completed, but no liability shall be
incurred therein other than for the expenditure of the said
swn in hand therefor,
approved by the city attorney, in the sum of one butzdred
per cent (100%) of the estimated cost of the work con-
ditioned upon the faithful performance of the work within
the time specified by the city engineer or within any
extension thereof granted by the city engineer.
(b) Whenever the city engineer shall1 find that a
default has occurred in the performance of any term or
condition of any permit, written notice thereof shall be
given to the principal and to the surety of the bond.
Such notice shall state the work to be done, the estimated
cost thereof, and the period of time deemed by the city
engineer to be reasonably necessary for the completion of
such work.
(c) After receipt of such notice, the surety
must, within the time therein specified, either cause the
required work to be performed or, tailing therein, pay
over to the city engineer the estimated cost of doing the
work as set forth in the notice, plus an additional sum
equal to ten per cent (la of the said estimated cost but
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(d) If a cash bond has been posted, notice of
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default as provided above shall be given to the principal,
and if compliance is not had within the time specified,
the city engineer shall proceed without delay and without
further notice or proceedings whatsoever to use the cash
deposited, or any portion of such deposit, to cause the
required work to be done by contract or otherwise in the
discretion of the city engineer, The balance, if any, of
such cash deposit shall, upon the completion of the work,
be returned to the depositor, or to his successors or.
assigns, after deducting the cost of the work plus ten (10)
percent thereof.
(e) In the ereat of any default in the performance
of any term or condition of the permit €or the work, the
surety or any person employed or engaged oar its behalf, or
the city engineer or any person employed or engaged on
his behalf, shall have the right -ko go upon the premises
to complete the required work or make it safe.
($1 No person shall interfere with or obstruct
the ingress or egress to or from any such premises by any
authorized represent ive or agent of any :surety or of the
city engaged in compfe ng the work quiredl to be per-
formed under the permit or in complying with the terms or’
conditions thereof ,
(8) The term of each bond posted shall begin upon
the date of the posting thereof and shall end upon
completion to the satisfaction of the city engineer of all
of the terms and conditions of the permit for the work.
Such comple-tion shall be evidenced by a state nt thereof
signed by the city engineer, a copy of which will be s
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to any surety or principal upon request. When a cash bond
ha been posted, the cash shall be'returned to the de-
positor or to his successors or assigns upon the termina-
tion of the bond, excapt any portion thereof that may have
been used.
Section 21 . Liability insurance a
If, in the opinion of the city engrneerJ the nature
of the work is such that it might create a hazard to hurnan
life or endanger adjoining property or property at a higher
or lower level, or any street or street improvement,. or
any other public property, then the city engineer may,'
before issuing the permit, require that the applicant for a
permit file a certificate showing that he is insured against
claims for damages for personal injury as well as claims
for property damage (including damage to the city by
deposit or washing of material onto city streets) which
may arise from or out of the performance of the work,
whether such performance be by himself, his subcontractor,
or any one directly or indirectly employed by hia, and the
amount of such insurance shall be prescribed by tRe city
engineer in accordance with the nature of the risks
involved. Any such insurance shall include protection
against liability arising from completed operations.
Section 22. Transfer of permits.
No permit hereunder shall be transferable without
the written permission of the city engineer.
Section 23. Revocation of permits.
Any permit issued under this ordinance may be
revoked by the city engineer after notice and hearing for:
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(a)
(b)
Violation of any condition of the permit;
Violation of any provision of this ordinance
or any other applicable ordinance or law relating to the
work;
(c) The existence of any condition or the doing
of any act constituting or creating.a nuisance or endanger-
ing the lives or property of others.
Written notice of the time and place of such
hearingsshall be served upon the person to whom the permit
was granted, or his agent or employee engaged in the work3
at least three (3) days prior to the date set for such
bearing. Such notice shall also contain a brief state-
ment of the grounds to be relied upon for revoking such
permit. Notice may be given either by personal delivery
thereof to the person to be notified or by deposit in the
United States mail in a sealed envelope with postage pre-
paid, addressed to such person to be notified at the
address appearing in his application. In the event any
appeal is taken from the decision of the city engineer in
the manner prescribed by this ordinance, all work shall be
stopped while the appeal is pending.
Section 24. Appeals
Any application for a permit or permittee aggrieved
by any action or decision of the city engineer may appeal
to the council Toy filing with the city clerk a written
notice thereof within five (5) days from the date of mailing
or receipt of notice of such action by the city engineer,
whichever first occurs. The aggrieved person shall be
given a hearing before the council, after which the council
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;hall have discretion
the decision of the c
>e final.
to grant or deny the appeal or modify
ty engineer, and its decision shall
Section 25, Permit expiration and renewal.
Every permit issued hereunder shall expire at the
tnd of the period of time set out in the permit, If the
permittee shall be unable to complete the work within the
specified time, he shall, prior to expiration of the per-
mit, present in writing to the city engineer a request for
an extension of time, setting forth therein the reasons for
the reqaested extension. If, in the opinion of the city
engineer, such an extension is necessary, he may grant
additional time for the completion of the work.
Section 26. Excavation.
(a) No excavation shall be made with a cut face
steeper in slope than one horizontal to one vertical unless
a retaining wall or other approved support is provided to
support the face of the excavation.
(b) The city engineer may upon request permit
deviations from this standard provided the owner shall
first furnish the city engineer with a written opinion of
a civil engineer licensed by the State of California and
experienced in erosion control, who shall be acceptable to
the city engineer, certifying that he has investigated the
site and that the proposed deviations will not endanger
any property.
(c) The city engineer may require the excavation
to be made with a cut face fiatter in slope than one
horizontal to one vertical if he finds the material in which
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the excavation is to be made unusually subject to erosion,
or if other conditions make such flatter cut necessary for
stability and safety,
(d) This section applies to all excavations in
the City of Carlsbad regardless of whether a permit is
required by this ordinance for such excavation.
Section 27, Fills,
(a) Surface Slope of Fills. No fill shall be
made which creates any exposed surface steeper in slope
than me and one-half horizontal to one vertical.
(b) Deviation from Standard Slopes. The city
engineer may, upon request, permit deviations from this
standard, provided the owner, shall first furnish the city
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engineer with the written opinion of a civil engineer
the proposed deviation will not e danger property
The city engineer may require that the fill be
made with a slope face flatter in slope than one and one-
half horizontal to one vertical if he finds the material
of which the fill is to be made is unusually subject to
erosion, or if other conditions make such flatter slope
necessary for stability and sakty.
(6) Compaction of fills, All fills intended to
support baildings or structures shalt1 be made to a minim-
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of 90 percent relative compaction, Compaction of other
erosion control, who shall be acceptable to the city engin-
eer, certifying that he has investigated the site and that
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fills shall not be re-guired except where the city engineer
determines that compaction is necessary as a safety measure
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to aid in preventing the saturation, slipping or erosion of
the fill, The relative compaction required shall depend
upon the particular circumstances and type of fill involved.
(d) Compaction methods. The requirements of the
city engineer for the compaction of fills may include but
shall not be limited to the following:
1. Preparation of the natural ground surface by removing top soil and vegetation and by compacting the fill
upon a series of terraces.
2, Control of moisture content of the material used for the fill.
3. Limitation on the use of various kinds of materials .
4. fiaximwn thickness of the layers of the fill to be CQmpacted.
5. Eaetiaod of compaction.
6. Density requirements of the completed fill depending upon the location and use of the fill.
7. Compaction tests required during the process of filling.
Section 28. Maintenance of protective devices.
The owner of any property on which an excavation
or fill has been made pursuant to a permit granted under
this ordinance, or any other person or agent in control
of such property, shall maintain in good condition and
repair all retaining walls, cribbing, drainage structures,
planted slopes and other protective devices shown in the
approved plans or drawings submitted with the application
for the grading permit.
Section 29. Existing excavations and fills.
Whenever the city engineer determines by inspection
that any existing excavation or fill from amy cause has
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(c,
become a menace to life or limb, or endangers property, or
affects the safety, usability or stability of a public
way, the owner of the property upon which such excavation
or fill is located, or other person or agent in control of
said property, upon receipt of notice in writing from the
city engineer so to do, shall, within one hundred eighty
(180) days from the date of such written notice, repair or
reconstruct such excavation or fill so that it will conform
to the requirements of this ordinance9 or otherwise repair,
reconstructJ strengthen or eliminate such excavation or
fill in a manner satisfactory to the city engineer so that
it will no longer constitute a menace or danger as afore-
said.
city engineer if an imminent and immediate hazard is found
to exist, Any person receiving notice as set out in this
section may appeal from the notice of the city engineer in
the manner provided by this ordinance for making appeals.
A shorter period of time may be specified by the
Section 30. Mscellaneous requirements.
(a) Provision shall be made to prevent any sur-
face waters from damaging the cut face of an excavatioa or
the sloping surface of a fill,
shall be of such design as to carry surface water to the
nearest practical street, storm drain, or natural water
course approved by the city engineer as a safe place to
deposit and receive such waters.
All drainage provisions
(b) If at any stage of work on an excavation or
fill the city engineer determines by inspection that the
nature of the formation is such that further work as
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HAYES &HAYES
ATTORNEYS AT LA\*
HAYES BUILDING
807 MISSION AVENU
OCEANSIDE. CALIF
tutlhorized by an existing permit is likely to endanger any
lroperty or public way, the city engineer may require as a
Loadition to allowillg further work to be done that such
reasonable safety precautions be taken as the city engineer
considers advisable to avoid such Piklihood of danger. Such
safety precautions may include but shall not be limited to
specifying aflatter exposed slope, construction of addi-
tional drainage facilities, berms, terracing, compaction,
Dr cribbing,
Section 31. Inspection and control of fills.
In addition to the inspection of any fills made
by the city engineer, the city engineer may require a
certificate by an approved soil testing agency based on
tests of the fill at selected stages. If favorable con-
ditions exist, the city engineer may by prior approval
waive requirements for supervision of, or soil tests by,
an approved soil testing agency.
Section 32. Excavation. adjacent to public property, and private property.
No person shall excavate on land sufficiently
close to the property line to endanger any adjoining pub-
lic street, sidewalk, alley, or other public or private
property withotat supporting and protecting such public
street, sidewalk, alley, or other public or private prop-
erty from settling, cracking, or other damage which might
result from such excavation, Should the nature of the
excavation create a hazard to life, unless adequately
fenced, the applicant may be required to construct approved
fences or guard rails to safeguard persons using the
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HAYES & HAYES
ATTORNEYS AT LAW
HAYES BUlLDiNG
507 MISSlON AYLIPIUE
CCEANSIDE, CALIF.
public street, sidewalk, alley or other public or private
property.
Section 33. Depositing earth, sand, gravel, etc; where prohibited.
(a) No person shall dump, move, or place any
earth, sand, gravel, rock, stone, or other excavated ma-
terial so as to cause the same to be deposited upon or to
roll, flow, or wash upon or over the premises of another
without the express consent of the owner of each such
premises so affected or upon or over any public glace or
way.
(b) No person shall, when hauling any earth, sand,
gravel, rot& stone, or other excavated material over any
place, allow such materials to blow or spill over and upon
such street, alley, or place or adjacent private property.
(c) Wheln, due to a violation of sub-division (a)
of this section, any earth, sand, gravel, rock, stone, or
other excavated material is caused to be deposited upon or
to roll, flow, or wash upon any public place or way, the
person responsible therefor shall caase the same to be
removed from said pablic place or way within thirty-six (36)
hours. In the event it is not so removed, the city engin-
eer shall cause such removal and the cost of such removal
by the city engineer shall be paid to the city by the person
who failed to so remove -the material.
Section 34. False statements.
No person who prepares or signs any application
or plans or drawings shall willfally make any false state-
ment or furnish false data therein or thereon.
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Section 35. Val id i ty .
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The council
this city hereby declares that it would have adopted this ordinance and
ection, subsection, sentence
ective of the fact that any Sections, subsections, sentences,
clauses, phrases or portions be de
Section 36. Penal provision.
No person shall violate any provision of this ordinance. Any person
violating any provision of this ordi
upon conviction thereof shall be punishable by a fine of not more than Five
Hundred (500) Dollars or by imprisonment in the city jail of the City of Carlsbac
or the county jail of the County of San Diego for a period of not more than six
(6) months or by both such fine and such imprisonment,
Section 37, Effective date.
The City Clerk shall certify to the passage of this ordinance aud shall
zause the same to be published once in the Carlsbad Journal, and the same shall
take effect and be in force on the thirtieth day after its passage.
First read at a regular meeting of the City Council held on the 6th day
>f October, 1959, and finally adopted and ordered published at a meeting of
:he City Council held on the 20th day of October, 1959, by the following vote,
:o wits
iYES:
IOES: None
Councilmen Grober, Sonnman, Ledgerwood and McPherson,
,BSENT: None
“TEST: !SI\-- -. PRICE, City Clerk