Ordinance No. 237
ORDINANCE
NO. vY7
AN ORDINANCE OF THE BOAllD OF TRUSTEES OF THE CITY OF VERNON
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regulu.ting the removal of eandj, g:ra.vel, e,;,rth, rook, I!Itone, or other
minerale or substances from private property eltuate within the co~
porate limite of the City of Vernon; regulating the elze and dimen-
sions of excavations caueed thereby; providing for the 1eeuanoe of
permits therefor, and preecriblng the penaltiee for the violation
thereof.
THE BOARD OF TRUSTEJj;S OF THE CITY OF VERJ:lON m ORDAIN AS
JfOLLO'NS:
Section 1.
It ehall be unlawful for any pereon. fir.m, or corporation,
either ae owner, agent, leeeee, p~ployee, or otherwiee, to dig, eXca-
vate, separate, ecreen, or dredge for or remove any sand, gravel,
earth, rock, etone, or other minerale or eubetancee from any private
property,within the corporate limite of the City of Vernon,below the
official grade of' the neareet etreet a.butting upon eald premise15j Qr
cause or allow to be dug, excavated, "epare. ted, ecreened. dredged, or
removed, any Band, gravel, earth, rock, stone, minerale, or ether eub-
etancee from any private propertJ. within the corporate limite of the
City of Vernon below the official grade of the neareet !Street abutting
,
upon said premiseB, wi thout firet. eecuring a permi t therefor le8ued in
the manner and upon the conditione hereinafter set fort~ except when
and 80 far Be may be necessary for the erection, cone tructlon, and al-
teration of a building thereon, pursuant to a build1ng permit ie8ued
under the providon of Crdinance No.,6"o
of the City of Vernon and
ordinances amendatory thereto, and provided further that nothing con-
te,ined in thi!l eection shall be oon!ltrued to prohibit or apply to or-
dinary and usual digging and excavations nece~Bary for the cultivation
Df file Ben, for the plllllting, ca,re and maintenance of trees, shrubs,
grg~et or other plante, or the :nak1ng, care and ma.intenance of alleys,
oourts, or ather bona fide improvement! upon private property within
the corporate limite of the said City of Vernon.
Seotion 2.
, Any pereon, firm, or corporation, whether at! owner. agent,
le8!1ee, employee. or otherwise, del!liring to do the work l!Iet forth 11'1
Seetien 1 of thie Ordinance and requiring a permit therefor, ehall
fiJ.e with the City Clerk of the city of Vernon an application there..
for, which .aid applioation .hall .et forth the land upon which the
proposed work is to be done, describing the same by lot and block or
other description by Which the same may be readily located or identi-
fied; the name or name! of the owner or ownere. together wi th the
name or name! of the per!on or person! who desire to do the work deS-
cribed in Baid application, and, if eaid applicant i8 not the owner
of the property. the interest of said applicant therein; a general
de8cription of the nature of said proposed work and of the minerals
or !ubetances sought to be removed from the property desoribed in said
applicatioa; a general description of the machlnery_ apparatus, ap-
pliance. work. or ather inBtrumen tali ti ee by meane of which e~d d wo;rk
1s proposed to be carried on. together with a description of the kind
of power to be u8ed therein; a etatement of the approximate length.
width, depth, and general shape or contour of any excavation proposed
to be caused or maintained in connection with 8aid 'WOrk..
Said application munt be accompanied by an undert~~ing in
a Bum of money (the amount of SE..id undertaking depending upon the size
of the excavation to. be caused by the applicant as set forth in said
applioation and to be determined by the Board of Tru.teee of tho City
of Vernon but in no eaee ehall the amount IIf money fixed ill .ai d under-
taking be greater than the coet to refill the excavation described in
said application with rock, dirt, sand. gr~vel, pr other mineral aub-
I'!.tancee) with geod and l!Iuf'f'ioient. suretiCl!I to be approved by the Board
of '!rU!tees of said City of Vernon, which said Undertaking snaIl be
conditioned upon the p~ent in full to U~e said City of Vernon, not
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.xceeding tile amcunt of ...id un,iertaJ<ing, of the co.t of keeping any
e~cavat1on made in conneetion with eaid propoBed work refilled oon-
eurrentlY a" said work progreesee in the mannerchere1nafter provided;
a.1J'JQ refilling any exoavation, made or caused in connection wi th said
w.rk, upon the conclue1oa or secession .r abandonment of said work,
~ich .aid undertaking mu.t be made to inure directly to the benefit
of the City of Vernon to the extent of the amount necessary to reim-
burse the City for making such refill not exceeding the amount of eaid
undertaking, and upon payment of the .um of Twenty-five Dollar. (.25.00)
which ~ i8 hereby fixed and declared to be the fee for the 1$euance
of euch permi t.
Secti on 3,
When said ap:pl1cation 10 filed, and fes :peid, together 1Iith
said undertaking, and ea1d undertakir..g hae been duly approved by the
Board of Trueteee, the l!!laid Board of Trustees ehall ilSsue a permit to
the applicant to do and carry on the proposed ."ark epecified in ea1cl
application; provided, however, that eaid penni t eo iftsued shall in
no case authorize or sanction the making, c3.;..l8!ng, or maintaining .f
any excavation in connection ,.,ith l!Ia1d work, or otherwise, which said
excavation .hall exceed two hundred feet (200 feet) in length and one
hundred fifty (150 feet) feet in width. When any .uch excavation
shall have reached the maximu~ dimeneions hereinbefore epeoified, to
wit: 200 feet in length and 150 feet in width, it ehall be unhwful
for any pereon, firm, or corporation to proceed further with such work
except upon condition tllat, ooncurrently with the enl.arging of aaid
~.vation, a ehlff'icient q:u.antity of earth, roole, sand, gravel, or
other mineral sub.tance .hall be d.po.ited in said exoavation in ouch a
manner ae to keep eaid excavation wi thin the maximum dimeneione herein-
above eet forth and to eetab11eh the refilled portione th~reof in a
permanent and eubetantial manner up to ~~e level of the offioial grade
.r: thO neare.t ~treet anuttins u-pan ea.i<i p1'...ieee,
Secti on 4,
Every person, firm, or corporation engaged in the businesl!!l of
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digging, excavating, separating. ecreenins. or dredging for or removing
any sand,. gravel, ea.rth, rock, atone, or other mineral substances from
any private property within the corporate limit. of the City of Vernon
belOW the official grade of the nearest street abutting upon said prem-
isee, under and by virtue of a permit issued by the City of Vernon or
otherwi.e, .hall file a verified report with the City Clerk of the City
of Vernon showing the length, breadth. and depth of each excavation
maintained by them in .aid City.
Said report to be filed on or be-
fore the tenth day of each mont~ setting forth the dimensions of the
excavation or excavations on the laet day Df the month preceeding the
date of filing .aid report.
Section 5'.
No permit to do or carry on any work of the character des-
cribed in Section 2 of thi. Ordinance .hall be granted by the Board of
TrU8teee of eaid Ci~y of Vernon where euch work is proposed to be done
or ca.rried on in further enlarging any existing excavations where oid
exoa.vations exoeed in l!l1ze the maximum dimenDions eet forth in section
3 hereof unless and until such existing excavation or excavation" are
fir8t refilled in the manner herein prel!loribed to the atent of cauBing
such excavatione to conform wi th said. maximum dimenl!lione:.
Section 6.
h
Upon the ab""donment of ""id lIOrk (and .ec..sion of labor
for a period of .ixty (60) day. thereon shall be conclusively deemed
an abandonment thereof), the owner or occupant. hie or their eucce8-
ULuJQ. ll,lIllAl'!l.tiol:l in a sub-
etantia.l and pe-rmanent manner with sa.nd, gravel. earth, rock, etone,
or other mineral substances to the level of the official grade of the
nearest I!!Itreet abutting upon sai d premises, and upon the failure. neg-
lect, or refusal of the owner or occupant, hie or their succeesors ,ar
assigns, to immediately refill said excavation within a period ot
thirty days after receipt of written notice from the City Clerk of the
City of Vernon so to do (said notioe shall be served pereonally
both the record owner and the Oooupant f th i
o e prem Be8 provided
upon
they
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reside in the City of Vernon, otherwise servioe of "aid notioe Bhall be
deemed sufficient if made by mail, postage prepaid, and addressed to hie
or their la.t known re.idenco). the Board of Tru.teeo of the City of
Vernon m~ cauee such excavation to be refilled with rock, sand, gravel,
earth, stone, or other mineral substance in a permanent and substantial
manner to the level of the official grade of the nearest street abutting
upon said premises) and the cost thereof to be satisfied out of the pro-
ceeds of the undertaking filed ae hereinbefore prQTided.
And, in the
event said undertaking Bhall for any reaeon be insuffioient to fully re-
imburse the City for such cost, not exoeeding the amount specified in
said undertaking. any deficiency remaining ahall become a charge and
lien upon said premi ~esJ the same to be recoverable by civil action.
Seotiell 7.
In the event that any of the 8uretiel!l on any undertaking re-
quired by thi 8 ordinance shall beoome in1501vent or said undertaking be-
come inmlfficient in any manner, the Board of Trusteee shall euspend
said permit heretofore granted until another and sufficient undertaking
.hall be given.
Section 8.
Nothing in th1e Ordinanoe ehall bo con.trued to require tho
Board of Truetees of the City of Vernon to grant a permit to any per-
son. firm, or corporatlon who has abandoned the work upon any exoava-
tion for the digging of sand, gravel, earth, rock, 8tone, or other
minerals su.b8tances)w1'~l! .&ueh c^-lWicz,u.L":'..u .[._.......5.1_ H..... .......^-.lftl.~ Iii...
s~..~ aM --Y'il~ tlL i. +1-001 - - J.J.__I._..o.e unlees such abandoned excavation 18
first refilled in the manner herein prescribed in a per.manent and sub-
stantial manner up to the official grade of the nearest street abutting
upon ea! d premise.e.
Section 9.
If any section, sub-section, sentence, clause, or phrase of
this ordiance i8 for any reason held to be invalid or unoonstitutional,
.uch decision .hall not affect the validity of the romaining portion.
of this ordinance.
The Board of Tru.tee. of the City of Vernon he,..by
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deola.re the.t it would bave passed thilS ordinance and each section, sub...
eection, sentenoe, clause and phraae thereof irrespective of the f~ot
that any one or more e.ectione, sub-sectione. eentencee, cl.auees. or
phra~e8 are declared invalid or unconetitutional.
Section 10.
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ADy person, firm, or oorpora.tion violating any of the provi-
.ion. of thi. ordinance .hall be deemed guil ty of a mhdemeanor and,
upon conviction thereof, ehall he puniehable by a fine of not more than
Three Hundred Dollare ($300.00) or by imprisonment in the C1 ty Jail for
a period of not more t~'1an ninet~' (90) days; or by both euoh fine and im-
prisonment, and, in add! ticn thereto, any perm! t to carry on eaid 'WO rk
under the prOVisions of thie ordinance may be re~oked by the Board of
Trustees of eald City.
Every such pereon, firm, or corporation ehall be deemed guilty
of a separate offense for each and every day during whioh any work of
the character described and regulated by the provielons of thi~ ordinance
18 proseouted or carried on or any such excavations are maintained 1ft
viola tion 0 f the pravi !51ons of th18 ordinance and for each day during
1i1ich any violation of th1.e. ordinance by such person, firm, or oorpora-
tion continues shall be a separate ~nd distinct offense hereunder and
punil!h.able therefore ae herein provtded.
~ction 111:
There being no newspaper of general circulation in the City of
vernon, the City Clerk .hall certify t. the pas.age of thh Ordinance
and thereupon ahall poet or cause to be posted true and correct oopies
of the same in three of the moet public places in the Cl ty of Vernon,
to wit: The northwest corner of 37th. Street and Santa Fe Avenue, and
the Northweet corner of 38th. Street and Santa Fe Avenue, and at the en-
trance to the City Hall or ea~d City located at the Northwest corner of
38th. street and Irving Street, and the same shall be in full force
and effect thirty dayS from and after the date of poeting.
Attest;
/
,.
,.)t '.c:. ,~n
den t of' the Eoa~_ of 'l'rue'tee!S
of the City of Vernon,
>'L
-'rt~7f~flc(~ of Vemon.
I, JilGC--;/lrL4---<J ~\~"<l/./,,;,'v('<~__<'-~J Clerk of the City of
Vernon, do hereby certifY'~~at ~he foregoing ordinance was duly
and regularly introduced at a ~ ul, rt.... ~~e:ting of the
~C~j4.1 <-
Board of' Trustees of the Ci ty of V man, held_ . ....(_. J
1922, and thereafter finally adopted at a regul~ meeting of .aid
Board held .:. "lr v,,~,~_ "kD ' 1922, by the following vote.
to wit:
AYES: '..../
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NOES: A{",. '--
ABBEN'!: H
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~-rz.ty
.;,,;t' ,C erk. ty o'f' Vernon
CERTIFICATION OF POSTING
[" ,.;.J .E~:J..,:J,.~r
. ~
;ie.J~ltJi Cit-;;,' '"ierj:
of the City of
Vernon do hereby certify that I did on the
20th___ day of
Jww
19 "';;;,
post three copies of Ordinance No. :..31__
__ in the following places to wit:-At the
northwest corner of East 38th Street and Santa Fe Avenue, at the northwest corner of East
37th Street and Santa Fe Avenue and at the entrance of the Vernon City Hall located at
the northwest comer of East 38th Street and Irving Street, there being no newspaper of
general circulation printed and published in the city of Vernon.
Signed this
= day of
~'-Ulle .,l~____ 19
( "
( J"," 1'"
:iepu ty -cCy ci~'~tf;iernon-;---
digging, exoavating, separating, eoreening, or dredging for or removing
any eand, gravel, earth, rock, etone, or other mineral 8ubstancee from
any private property within the co~orate limite of the City of Vernon
below the official grade of the neareet etreet abutting upon eaid prem-
ises, under and by virtue of a permit issued by the City of Vernon or
otherwise, shall file a verified report with the City Clerk of the City
of Vernon ehowing the length, breadth. and depth ef each excavation
maintained by them in said City. Said report to be filed on or be-
fore the tenth day of each month, setting forth the dimensions of the
excavation or excavations on the laet day of the month preceeding the
date of filing said report.
Section ,.
No permit to do or carry on any work of the character des-
cribed in Section'2 of this Ordinance shall be granted by the Board of
Trueteee of said City of Vernon where euch work ie proposed to be done
or carried on in further enlarging any existing excavatione where eaid
excavations exoeed in size the maximum dimensionl5 Bet forth in section
3 hereof Wlle8B and until l!!Uch eXisting excavation or excavationl!l are
firl!lt refilled in the manner herein prescribed to the ntent of oau81ng
l!!uch excavations to confor.m with l5aid maximum dimenl5ionl5.
See ti o,n.i...
Upon the abandonment of said wrk (Bl1d eeoess1Qn of labor
for a period of sixty (60) d~e thereon shall be oonclusively deemed
an abandonment thereaf), the owner or ocoupant, his or their ~cce8-
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stan t1al. and :pennanent manner wi th Band., gravel, earth, rock, etone,
or other mineral subetances to the level of the offioial grade of the
nearest street abutting upon said premisee, and upon the failure, neg-
lect, or refueal of the owner or occupa.nt, his or their 8UCCelll!lors ,Qr
assigns, to immediately refill said excavation within a period of
thirty days after receipt of written notice from the City Clerk of the
City of Vernon so to do (said notice shall be served pereonally upon
both the record owner and the occupa.nt of the premises provided they
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