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ORDINANCE OF THE CITY OF ARROYO GRANDE, PROVIDING FOR PERMITS TO BE
OBTAINED PRIOR TO ANY ENCROACHKENT, OPENING OR EXCAVATION BEING MADE IN
ANY PUBLIC STREET OR HIGHWAY IN THE CITY OF ARROYO GRANDE, REQUIRING A
BOND AND PERMIT FEE THEREFOR, AND PROVIDING PENALTIES FOR VIOLATIONS
HEREOF.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1: No person, firm, association, partnership or corporation,
or any combination thereof, shall make any encroachment, opening or
excavation in any p~b1ic street or highway in the City of Arroyo Grande
witho~t having first obtained a p~rmit so to do as hereafter provided.
SECTION 2: Any person, firm, association, partnership or corporation,
or any combination thereof, desiring to make an encroachment, opening or
excavation in any public street or highway in the City of Arroyo Grande
shall, prior thereto, make application qpon a form therefor to be pro-
vided by the City B~ilding Inspector. In addition thereto applicant shall
post a bond in accordance with the provisions of Section 4 hereof, and
shall also pay a fee therefor. The amount of said fee shall be set by re_
sol~tion of the City Co~ncil from time to time.
SECTION 3: Any encroachment, ppening or excavation made in any street
or p~blic highway in the City of Arroyo Grande shall be made in accordance
with the req~irements of the City Bqilding Inspector and shall be s~bject
to a periodic inspection of the said B~i1ding Inspector. No encroachment,
opening or excavation shall be finally concl~ded withoqt the express
written consent and approval of the said City Building Inspector.
SECTION 4: The bond referred to in Section 2 above shall be conditioned
upon the applicant completing the encroachment, opening or excavation of
the street or highway in accordance with the requirements of the City
B~ilding Inspector and shall be in s~ch amount as in the opinion of the
City Building Inspector will g~arantee that the street or highway will be
restored to the condition in which it was prior to the commencement of the
work thereon or therein, and shall in addition thereto be in s~ch form as
may be prescribed by the City Attorney of the City of Arroyo Grande.
SE:OTI:ON' 5: Any person violating any of the terms or provisions of
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this Ordinance shall be gQi1ty of a misdemeanor and QPon conviction
thereof shall be PQnished by imprisonment for a period of thirty (30)
days or by a fine of Five HQndred ($500.00) Dollars or by both SQch fine
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and imprisenment.
SECTION 6: This Ordinance is an emergency ordinance and the reasons
therefor are as follows:
There are an increasing nQmber of encroachments, openings and/or
excavations being made in the public streets and highways of the City of
Arroyo Grande without proper precautions being taken to safeguard the
public during the progress of the work and without any requirements for
restoration of the streets and public highways at the conclQsion of SQch
work. Some regulatory legislation is necessary to prevent possible injQry
or damage to the health and safety of the people of the City of Arroyo
Grande and also to prevent the possibility of serious financial loss to
the City of Arroyo Grande.
This Ordinance shall be in full force and effect immediately QPon
its passage ~nd within 15 days thereafter shall be PQblished in the
Arroyo Grande Herald-Recorder, a newspaper published and circQlated in
the City of Arroyo Grande, together with the names of the Councilmen
voting for and against the same.
On motion of COQncilman ~p~ and seconded by COQncilman ~ ,..~,
and on the following roll call vote: ~
AYES: ~~~ ~ p~~ 11a.~V '
NOES: ~.
ABSENT: ~~ ~.
The above Ordinance was adopted this-,.~~day of February, 1960.
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