Signal Hill Municipal Code Ch. 8.32 Excavations and Abandoned Boxes

"Parcel of land" means a contiguous quantity of land, in the possession of, owned by, or recorded as the property of the same claimant or person.

(Prior code § 9.36.030 (Ord. 388 Art. 1, § 3, 1954))

Every person making, maintaining, or using any oil well sump, and every person making, maintaining or using any other manmade excavation three feet or more in depth, and every person owning or having possession of any premises on which such excavation exists, shall either cover such excavation or erect and maintain around such excavation at all times, if an oil sump, and in other cases 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 not less than five feet high mounted on steel posts with not less than three strands of barbed wire mounted at a forty-five degree angle from the top of the fence. Such fence shall be constructed of chain link or other industrial type fencing of not less than nine-gauge wire and of not greater than two-inch mesh. The posts supporting such fence shall be set thirty-six inches in a concrete base and shall be spaced approximately ten feet apart. Tension wires of at least nine-gauge coil-spring wire, or equivalent, shall be stretched at the top and bottom of the fence fabric and fastened to the fabric at twenty-four-inch intervals. Gates shall be of a structure substantially the same as the required fence and shall be kept locked when not attended by an adult. There shall be no apertures below the fence large enough to permit any child to crawl under such fence.

(Prior code § 9.36.040 (Ord. 388 Art. 2, § 1, 1954))

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 or drilling of such well or any other well in the vicinity, to be cleaned out and all oil, rotary mud, and rubbish removed therefrom.

(Prior code § 9.36.050 (Ord. 388 Art. 2, § 2, 1954))

Every person who discards or abandons, in any place accessible to children, any chest or box having a capacity of one and one-half cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, except a refrigerator or ice box, or who, being the owner, lessee or manager of such place, knowingly permits such abandoned or discarded chest or box to remain there in such condition, is guilty of a misdemeanor. This section does not prohibit or cover any act prohibited by Section 402b of the Penal Code of the State of California or by any other state statute.

(Prior code § 9.36.060 (Ord. 388 Art. 2, § 3, 1954))

Neither Section 8.32.020 nor 8.32.040 applies to the following:

A. An oil 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.

(Prior code § 9.36.070 (Ord. 388 Art. 2, § 4, 1954))

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 chapter 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.

(Prior code § 9.36.080 (Ord. 388 Art. 2, § 5, 1954))

A. Whenever any person fails or refuses to perform any act required by Sections 8.32.020 or 8.32.040, 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 comply with this chapter or, 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.

B. 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.

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

(Prior code § 9.36.090 (Ord. 388 Art. 2, § 6, 1954))

A. 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, Sections 8.32.020 through 8.32.070 require the person filing such protest to perform.

B. Upon the hearing of any such protest the city council shall determine what acts, if any, Sections 8.32.020 through 8.32.070 require the person filing such protest to perform. It shall notify in writing such person of its decision.

(Prior code §§ 9.36.100, 9.36.110 (Ord. 388 Art. 3, 1954))

A. If a person is notified as provided in Section 8.32.070 to comply with Sections 8.32.020 through 8.32.070, and neither complies nor 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.

B. The street superintendent shall keep an account of the cost of all work performed at city expense pursuant to this chapter 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.

C. 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 chamber door of the council with a notice of the time when the report will be submitted to the council for confirmation.

D. A postcard 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 council to the owners of the parcels who have filed with the council a written request for postcard notice within one year prior to the date of mailing the notice, at least seven days prior to the date of submission for confirmation.

(Prior code §§ 9.36.120 -- 9.36.150 (Ord. 388 Art. 4, 1954))

A. 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.

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

C. 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 parcels for the amount expended thereon by the city.

(Prior code § 9.36.160 (Ord. 388 Art. 5, 1954))

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

B. 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.

(Prior code §§ 9.36.170, 9.36.180 (Ord. 388 Art. 6, 1954))

The penalty for the violation of any of the provisions of this chapter shall be as prescribed in Chapter 1.16.

(Ord. 586 § D (part), 1966: prior code § 9.36.190 (Ord. 388 Art. 1, § 6, 1954))