Manhattan Beach Municipal Code Ch. 9.40 Sandblasting

It shall be unlawful for any person, whether acting as principal, agent, representative, servant, or employee, to do or perform any sandblasting, guniting, or other like or similar work or activity in or upon any building, wall, fence, sign, or other structure facing, adjacent to, or bordering any public street, boulevard, road, alley, way, or place within the City, and the dust, water, sand, effluent, or other debris, material, or substance which results from such work or activity may, does, or is apt to fall, flow, blow, or be cast or be deposited in or upon, or reach, any such public street, boulevard, road, alley, way or place, or upon adjoining private property, without first having applied for and received a special permit, in writing, so to do from the City Engineer.

(§ 1, Ord. 656)

Any person desiring to receive any such special permit from the City Engineer shall first make application therefor in writing to the City Engineer upon forms furnished by him on request. Each application shall be accompanied by a permit fee, as established by the Council under separate resolution, which must be paid at the time of the filing of the application. Each application so filed shall contain an answer to each of the questions included, shall give all of the information called for in the application form and shall be signed by or on behalf of the applicant.

(§ 2, Ord. 656, as amended by § 1, Ord. 1118, eff. July 18, 1968; § 34, Ord. 1458, eff. June 17, 1976)

Upon receipt of the application and the required fee, the Building Inspector and the City Engineer shall consider the same. The City Engineer may prescribe any reasonable terms and conditions upon or subject to which such permit is or may be issued. All permits shall be subject to the condition that no more than ten (10) and no less than five (5) days prior to commencement of the work, the permittee shall notify in writing all owners and occupants of property within one hundred (100′) feet of the site of the job and shall take such reasonable measures to protect such properties as requested by said owners or occupants prior to commencement of the work. When satisfied that the applicant has furnished all of the information requested and answered all the questions contained in the application form, the City Engineer shall issue to the applicant, upon furnishing the surety bond require by the provisions of this chapter, the special permit requested in such application, subject to such terms and conditions, if any, as may be prescribed.

(§ 3, Ord. 656, as amended by § 1, Ord. 1413, eff. June 19, 1975)

The City Engineer and the Building Inspector shall make such preliminary and additional inspections of the proposed work or activity and of the work or activity as it progresses as may be necessary in order to protect the public streets, boulevard, roads, alleyways or places which may be or are affected by the work or activity proposed, in process, or done. While the Building Inspector shall make inspections primarily concerned with the building or structure involved, and on private property, and the City Engineer will primarily make inspections with reference to the public streets involved, the officials shall cooperate in the matter of their inspections so that the work, the inspection service and the corrective and remedial measures required will progress as smoothly and with as little delay as reasonably possible. Upon completion of the work and cleaning involved, the officials may issue a joint certificate of final inspection.

(§ 4, Ord. 656)

In addition to the permit fee, the City Engineer shall charge the permittee a fee, established by Council under separate resolution, for each inspection or reinspection performed, but nothing contained in this chapter shall be construed as exempting any person from any business license or other permit which may be required under the laws of the City.

(§ 5, Ord. 656, as amended by § 2, Ord. 1118, eff. July 18, 1968; § 35, Ord. 1458, eff. June 17, 1976)

Prior to the issuance of a sandblasting permit, as herein provided, the applicant shall deposit with the City Engineer the following:

A. A good and sufficient surety bond, in form approved by the City Attorney, in favor of the City, in the amount of One Thousand and no/l00ths ($1,000.00) Dollars, such bond conditioned upon the permittee's securing and holding the City and its officers harmless against any and all claims, judgments, or other costs arising from the sandblasting and other work covered by the sandblasting permit or for which the City, the City Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, or for any injury resulting from the negligence of the permittee. Recovery of such bond for any injury or accident shall not exhaust the bond but it shall, in its entirety, cover any or all future accidents or injuries during the work for which it is given. In the event of any suit or claim against the City by reason of the negligence or default of the permittee upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above in the amount specified above and in other respects as specified above, but applicable as to all sandblasting work in the city by the principal in such bond during the term of one year from said date.

B. Public liability policy, issued by an insurance carrier which is duly qualified to engage in such insurance business under the laws of the State of California, approved by the City Attorney as to form and sufficiency, insuring the City, as co-insured, against any and all liability of any nature whatsoever resulting from the prosecution of the work for which an application for permit has been made, in the following amounts:

One Hundred Thousand and no/l00ths ($100,000.00) Dollars for death, or bodily injury or loss sustained by any one person in any accident; and

Three Hundred Thousand and no/l00ths ($300,000.00) Dollars for death, or bodily injury or loss sustained by more than one person in any one accident; and Fifty Thousand and no/l00ths ($50,000.00) Dollars for loss occasioned by damage or injury to property in any one accident.

The procuring of such policy of insurance shall not be construed as a limitation of the applicant's liability or as a full performance on the applicant's part of the indemnification provisions of the permit, applicant's liability being, notwithstanding said policy of insurance, for the full and total amount of any damage, injury or loss caused by or incident to applicant's operations under the permit.

(§ 2, Ord. 1047, eff. December 1, 1966; as amended by § 3, Ord. 1118, eff. July 18, 1968)