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ORDINANCE NO. 402
The City of Newport Beach, by
and through its City Council, do
ordain as follows, to-wit:
SECTION 1. This ordinance
shall be known as the Tile and
Marble Ordinance.
SECTION 2. It shall be un-
lawful for any person to do or
cause to be done any tile setting
or marble setting in or upon any
building or structure in the City
of Newport Beach, without hav-
ing first obtained a license and
permit as hereinafter in this or-
dinance provided.
SECTION 3. Contractors
The term Tile and /or Marble
Contractor shall include any per-
son, firm or corporation, general
contractors or builders doing or
causing to be done any tile set-
ting or marble setting in or upon
any building or structure in the
City of Newport Beach.
The term "Tile and /or Marble
Contractor" shall also include any
person, firm or corporation who
does or causes to be done any tile
setting or marble setting on a
percentage basis or any one who
supervises, manages or controls
any tile setting or marble setting
in or upon any building or struc-
ture in the City of Newport
Beach.
Any person, firm or corporation
who secures Workmans Compen-
sation Insurance, insuring against
liability to pay compensation for
industrial accidents suffered by
anyone doing tile setting or mar-
ble setting shall be deemed a "Tile
or Marble Contractor ".
SECTION 4. License Required.
Any tile or marble contractor,
firm or corporation doing tile
setting or marble setting in the
City of Newport Beach shall first,
before doing any tile setting or
marble setting obtain a license so
to do. Such license shall be issued
by the Building Inspector of the
City of Newport Beach only to
such person, firm or corporation
as hereinbefore stated, upon the
payment of a fee of Fifty Dollars
($50.00) in advance. The license
shall be for the term of one year
from the first day of July. It is
hereby declared to be unlawful
for any person, firm or corpora-
tion, who by Section 3 of this or-
dinance is a file or marble con-
tractor, to engage in the tile set-
ting or marble setting business or
take any contract for, or do any
tile or marble setting for which a
permit is required, without hold-
ing a tile or marble contractors
license.
SECTION 5. Permits
It shall be unlawful for any
person, firm or corporation, to do
or cause co be done, any tile or
marble setting in or upon any
building or structure, which work
exceeds Ten Dollars ($10.00) in
cost, unless a tile or marble per-
mit so to do has been first ob-
tained as in this ordinance pro-
vided. The Building Inspector shall
not issue a permit as provided for
in this section until the said tile
and /or marble contractor has ob-
tained a license as provided for
in Section 4 of this Ordinance.
SECTION 6. Fees.
The fees to be paid to the Build-
ing Inspector for the issuance of
a Tile on Marble Permit for each
building on which work is to be
done shall be Seventy -five cents
($35). In the event said permit
shall not be applied for before
said work is commenced a charge
of $5.00 shall be paid for the is-
suance of each permit.
SECTION 7. Issuance of Per-
mit- Inspections.
No permit shall be issued by the
Building Inspector as provided for
in Section 5 hereof until the tile
or marble contractor shall first
file with the Building Inspector,
specifications of said tile, or mar-
ble, for work to be done in the
City of Newport Beach, under the
permit for which application is
made, said specifications shall be
made on forms to be furnished by
the Building Inspector and shall
be filed by the party taking out
the permit provided for in Section
5 hereof. The Building Inspector
shall thereupon file the said spec-
ifications with the permit issued.
SECTION 8. Inspection Re-
quired.
The Building Inspector upon no-
tification from the permit holder
or his agent shall inspect the tile
or marble setting. Said inspection
by the Building Inspector shall be
made after the work is complet-
ed and within five (5) days after
completion. Calls for inspection
received by the Building Inspec-
tor between the hours of 8:00
o'clock A. M. and 1:00 o'clock P.
M. shall be made the following
morning. The inspector at the
time of said inspection shall either
approve the tile or marble setting
as complying with the specifica-
tions filed and certify to the ap-
proval upon the specifications
theretofore filled, or the Building
Inspector shall notify the permit
holder wherein the work falls to
comply with the said specifica-
tions and shall further certify on
the specifications theretofore fil-
ed wherein the tile or marble set-
ting fails to comply with said
specifications.
SECTION 9. Bonds.
Every such person, firm, com-
pany or corporation, before such
license shall be granted, shall have
a license from the State of Cali-
fornia, as provided by the laws of
the State of California, and shall
further give a bond to the City
of Newport Beach in the sum of
$500.00, with two good and suf-
ficient sureties, to secure any per-
son, or persons against non -pay-
ment of bills; which sureties shall
qualify that they are worth said
sum over and above all liabilities
and exemptions, which said bond
shall be approved by the City At-
torney of the City of Newport
Beach and shall be filed with the
City Clerk thereof.
SECTION 10. Revocation of
License.
The City Council may upon its
own motion and shall upon the
verified complaint in writing of
any person investigate the tile
setting or marble setting of any
person, firm or corporation, or
contractor engaged in said busi-
ness and shall have the power to
revoke a license issued under the
provision of this ordinance at any
time where the holder thereof is
ry
or has been guilty of any of the
following:
1. —A violation of any of the
terms or provisions of this ordin-
ance.
2. —A deviation from the speci-
fications filed with the Building
Inspector in the setting of tile or
marble.
3. —Any conduct which consti-
tutes fraud or dishonest dealing.
Before revoking any license the
City Council shall give the holder
of said license at least ten days
notice in writing of the charges
against him and of the time and
place of hearing and afford him
an opportunity to be heard in
person or by counsel in respect
thereto. A decision of the City
Council after a public hearing re-
voking any license under this or-
dinance shall be subject to review
in accordance with the provisions
of Chapter 1, Title 1, Part 3, of
the Code of Civil Procedure of the
State of California.
SECTION 11. Penalty.
Any person, firm or corporation
violating any of the provisions of
this Ordinance shall be deemed
guilty of misdemeanor and upon
conviction thereof shall be punish-
able by a fine of not less than Ten
Dollars ($10.00) nor more than
Three Hundred Dollars ($300.00)
or by imprisonment in the County
Jail of Orange County or in the
City Jail of Newport Beach for a
term of not less than five (5) days
nor more than ninety (90) days,
or by both such fine and impris-
onment. A judgment imposing a
fine may provide for its collection
by imprisonment in either of said
jails in the proportion of one day
for each dollar of the fine until
such fine is wholly satisfied.
SECTION 12. Repeal.
All ordinances and parts of or-
dinances affecting the subject of
this ordinance are repealed inso-
far as they affect the subject of
this ordinance.
SECTION 13. This ordinance
shall take effect thirty (30) days
after its final passage and ap-
proval.
SECTION 14. The City Cleric
shall certify to the passage of
this ordinance and cause the same
to be published once in NEW-
PORT NEWS, a weekly news-
paper published in the City of
Newport Beach.
I hereby certify that the fore-
going Ordinance was introduced at
a regular meeting of the City
Council of the City of Newport
Beach, held on the 2nd day of
May, 1932, and was duly passed
and adopted at a regular meet-
ing of said City Council held on
the 6th day of June, 1932, by the
following vote, to -wit:
AYES, Councilmen: Gordon,
Claire, Ellsworth, Hilmer.
NOES, Councilmen: None.
ABSENT, Councilmen: Garfield.
Attest: FRANK L. RINEHART,
Clerk of the City of
Newport Beach.
The foregoing ordinance is ap-
proved by me this 6th day of
June, 1932.
HERMANN HILMER,
Mayor of the City of
Newport Beach.
Attest: FRANK L. RINEHART,
Clerk of the City of
Newport Beac1,
I, Frank L. Rinehart, Olerk of the City of Newport Beach, do hereby
certify that the foregoing Ordinance No. 402 is a true and correct
copy of an Ordinance passed by the City Council at gular
meeting held on the 23rd day of 1aay, 1932, /Qnd me was
printed and published according.to law.
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