La Puente Municipal Code Ch. 8.36 Excavations

Sections:

• 8.36.010 Parcel of land defined.

• 8.36.020 Oil well sump—Fence requirements.

• 8.36.030 Oil well sump—Ceasing operations.

• 8.36.040 General rule for fencing, filling.

• 8.36.050 Exceptions.

• 8.36.060 Man-made lakes.

• 8.36.070 Failure to conform—Notice.

• 8.36.080 Appeal for variance—Hearing—Purpose.

• 8.36.090 Notification of appeal decision.

• 8.36.100 Failure to comply with decision—City work.

• 8.36.110 Record of expense kept.

• 8.36.120 Posting notice of expense.

• 8.36.130 Mailing notice of expense.

• 8.36.140 Hearing property owner’s objections.

• 8.36.150 Confirming report.

• 8.36.160 Expense declared lien.

• 8.36.170 Recording expense report.

• 8.36.180 Court action authorized.

• 8.36.190 Severability of exceptions.

• 8.36.200 Penalty for violation.

As used in this chapter, PARCEL OF LAND means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or persons.

(Ord. 186; November 27, 1962)

Every person making, maintaining, or using any oil well sump, and every person owning or having possession of any premises on which such sump exists, shall erect and maintain completely around such sump a fence not less than five feet high mounted on steel posts with not less than three strands of barbed wire around the top. Such fence shall be constructed of chain link or woven wire fencing, of not greater than a six-inch mesh.

(Ord. 186; November 27, 1962)

Every person operating or maintaining an oil well shall cause all sumps, cellars and ditches which were used, or installed, or maintained for use in connection with any well and which have not been used for ninety days for the operation of, or the drilling of, such well or any other well in the vicinity, to be cleaned out and all oil, rotary mud and rubbish removed therefrom.

(Ord. 186; November 27, 1962)

Every person making, maintaining or using any man-made excavation, three feet or more in depth, and every person owning or having possession of any premises on which such excavation exists, shall cover such excavation or erect and maintain around such excavation at all places where the slope is steeper than one foot vertical to two feet horizontal if not under water, or one foot vertical to four feet horizontal if under water, a fence of sufficient height and strength to protect all persons and animals from such excavation, by accident or inadvertence.

(Ord. 186; November 27, 1962)

Neither Section 3.36.013 nor 3.36.015 applies to:

(a) An oil well sump constantly and immediately attended while drilling operations are continuously proceeding.

(b) An excavation covered by Sections 24400, 24401, or 24402 of the Health and Safety Code.

(c) An excavation more than one-quarter mile from the nearest highway and within one- half mile of which excavation there are less than twenty residences.

(d) An excavation for the installation of a public utility, if not abandoned.

(e) An excavation in connection with the construction of a private residence, if not abandoned.

(f) A swimming pool, fish pond, or wading pond on the same lot or parcel of land as a private residence.

(g) An excavation not more than one-half mile in length which becomes a portion of a natural watercourse.

(Ord. 186; November 27, 1962)

Where a man-made excavation is filled with water so that the area of the surface of such water exceeds one acre and the nature of the excavation and water is such as to constitute an artificial lake, a fence or barrier is not required by this ordinance at any portion of the boundary of such excavation where:

(a) The edge of the excavation is not more than one foot above the surface, or at no place is the slope to the water greater than one foot vertical to four feet horizontal.

(b) The slope in the water is not greater than one foot vertical to four feet horizontal to a depth of five feet.

(Ord. 186; November 27, 1962)

Whenever any person fails or refuses to perform any act required by this chapter the chief of police shall serve upon such person, in the manner required by law for the service of summons, a notice in writing requiring that such person, within ten days after the service of such notice, shall either:

(a) Comply with this chapter, or

(b) If such person is of the opinion that this chapter does not require him to comply with such notice, file a protest in writing with the city council.

If any such person cannot be found the chief of police shall post such notice in a conspicuous place at or near the excavation, sump, cellar or ditch.

Compliance with this section is not a condition precedent to a criminal prosecution for a violation of any provisions of this chapter.

(Ord. 186; November 27, 1962)

Upon filing of any protest the city council may adopt an order that the person protesting is not required to comply. If the city council does not adopt such an order it shall notify such person in writing not less than five days prior thereto, of the time and place of, and shall hold a public hearing to determine what acts, if any, this chapter requires the person filing such protest to perform.

(Ord. 186; November 27, 1962)

Upon the hearing of any such protest the city council shall determine what acts, if any, this chapter requires the person filing such protest to perform. It shall notify in writing such person of its decision.

(Ord. 186; November 27, 1962)

If a person is notified as provided in this chapter to comply therewith and neither complies or protests within the ten days provided for, or if a person protests and the city council decides that such person should perform certain work and for ten days after notice of such decision does not do so, the city shall cause the work to be performed at city expense.

(Ord. 186; November 27, 1962)

The finance director shall keep an account of the cost of all work performed at city expense pursuant to this section and shall render an itemized report to the city council showing the cost of protecting each separate excavation, sump, cellar or ditch, upon each separate parcel of land.

(Ord. 186; November 27, 1962)

Before the report is submitted to the city council, a copy of it shall be posted for at least three days on or near the city hall entrance with a notice of the time when the report will be submitted to the city council, for confirmation.

(Ord. 186; November 27, 1962)

A post card notice of the time and place of the submission of the report for confirmation, stating generally the nature of the report, shall be mailed by the city council to the owners of the parcels who have filed with the city council a written request for post card notice within one year prior to the date of mailing the notice, at least seven days prior to the date of submission for confirmation.

(Ord. 186; November 27, 1962)

At the time fixed for receiving and considering the report, the city council shall hear it and any objections of any property owners liable to be assessed for the work of protection.

(Ord. 186; November 27, 1962)

Thereupon the council may make such modifications in the report as it deems necessary, after which, by order of resolution, the report shall be confirmed.

(Ord. 186; November 27, 1962)

The amounts of the costs for the protection work upon the various parcels of land mentioned in the report as confirmed shall constitute liens on such parcel for the amounts expended thereon by the city.

(Ord. 186; November 27, 1962)

The city council shall record a certified copy of the report in the office of the county recorder.

(Ord. 186; November 27, 1962)

The city may bring appropriate actions in courts of competent jurisdiction to collect any amounts due for work of protecting excavations performed by the city and to foreclose liens for such amounts.

(Ord. 186; November 27, 1962)

Should any exception to the provisions of this chapter be held invalid, such exception shall be eliminated from this chapter. The city council declares that it intends this chapter to apply to every excavation which, by reason of constitutional limitations, cannot be excepted from its provisions.

(Ord. 186; November 27, 1962)

Violation of this chapter is a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted is a separate offense.

(Ord. 186; November 27, 1962)