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OIUlINANCE NO. ;Z / J'?
i\N. ORDINANCE OF THE CITY OF SAN BImNARDINO REGULATING THE DESIGN, CON.,.
srRUCIION.MAINri/(ANCE OR ALTERATION OF GRADING, EXCAVATIONS, AND FILLS WITHIN
THE CITY OF SANBImNARDINO.
THE MAYOR AND COMJl)N COUNCIL OF THE CITY OF SAN BImNARDINO DO ORDAIN
AS FOlLOWS:
SECTION 1. DEFINITIONS. Wherever used in this ordinance the following
words shall have the meaning indicated:
BUIWING CODE means the Building Code of the City of San Bernardi.no.
BUIWING PImMIT means a permit issued by the Building Inspection Depart-
ment for the construction, erection or alteration of a structure or building.
EXCAVATION means any act by which earth. sand, gravel, rock or any
other similar material is cut into. dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and includes the conditions resulting therefrom.
FILL means any act by which earth, sand, gravel, rock or any other
PERSON means and includes a natural person, a firm, partnership or cor.,-
poration., association or other group or organhation, its or their successors or
assigns, or the agent of any of the aforesaid.
OWNER means and includes owner, lessee or occupant.
27. SITE lIeans a. lot or parcel of land, or a series of IlJU or parcelll of
28 land, joined together, where grading work is continuous and performed at the
29 same time.
30 CHIEF BUILDING INSPECTOR and CITY ENGINKIm.mean the Chief Building In.,-
31 spector and City Engineer of the City of San Bernardino.
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SECTION 2. TITLE. This. ordinance shall be known and cited as the "Cut
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1ud Fill OrdiAuce", a..d will. be re.ferudtn. hel'!!b, as ~,thh ,ord,in."ce".
2 SICl'~3. p~~. The ,purpnse nf this nrdiP!"nce 15,tn prny,l..,delR1nir
:3 !lUIII standards t.nsafeSllard life and li~,. prntec,t prnpert.y and, pnlllpt.ePublic .
4 . ..Har!! by regulating. and cnntrolling the dedgn, cnnatrucHnn,quality nf lIat!!r-
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. ia~s.,. ,",se, lnc.a11on and maintenance nf grading, excavatinn and fill within the
City nf S~n ~ero'rdinn.
SECrION 4. scopE. (a)
N!,~ ,~rading,~cavatinns anAOns, 0,1' changes,
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additinns, repaif,s 0,1' alteratl,oRS.lI!ade ..tn exis1;ingexcna~hIlS: a.nd fi..~ls witlti!)
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.the, cit): .11.11 c:nnfnrlltn tlle-P,rnvJ,sio",s nt thh nrdinallce:., Wile!S .specificallY
exempt.ed -lIndef ,Subl!8cUoa (c) "pf this,Sect~,on. (b) ~f t~ n,):'..nre perti"ne!1t
limitaUons are nnt, identical, thnse limitatinns shall prevail which prnvide the
greater safety to, lUe and. li!lll:1. propertyalld public ..Harll. Tile permissive
prplI;isioDS,nf, th1snrdina.nce sball~t be .presumed to, '!'li~~ ~ny UJDitatinns 111.-
posed by nthel; st.atut.es 0,1' ordinances nf th. Cityo! S.n. B.rnardinn 0,1' thll State
of Califnrnia. (c) This nrdinance shall nnt apply to, thll fnllnwing listlld wnrk:
1. Work in a plllllic str.et., sidel'/ll.lk, alley nr.o.ther"Pllbl,l,~W:npll}1ty.
gnl... su~ wor1;, affectsthel!uppnr,t nf. strllctureorpu!:ldingsr.llulated ,~y ;the
l3uU4ingCnde. "
., .a.The lIinhlj'.qu,rrYing, excavating, AA'oc:u.tlng, OJ" .ttQckpiling,nf
rAAli. s&J!d, aggugate 0,1' .qlay, unles,s suchwprk a.ff~ts t.he $upPQrt nfadjl!Clllnt
0,1' cnntijJuo,us prop.rty nrst.ructures.
3. . .'l'Jllldepo.$ithg nfru~hh nrnth.r Jl!!ltIlrial .at a~y dllll!P J~pe,rat.d .,by
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,.the City nf SanBernardi~n.
'4. An ..excantiol!. 0,1'" fill in cnnnectinn with the making nf an earth fill
dam reglllatedby the DiYision .f .eter ftesovrcesof the State'Depertment. nf
'PlIblic lIorks.
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SECTION 5.
MAINl'1NAN&E .
T~e nwnllr nf any prnperty on which an excava-
Unn 0,1' fill hu'beelllllade Shall mainuiII h good conditioliud ,repair all r.-
tailtilfg 'WaU., ',UAbiDg, dAinag. strllctllr...ncfotherproteet.he devicel;
. SIOl'ION 6.
PEltIlITS '~IIlD.
No perlnD sllall commence nr perform any
gradinf, .xcavatiollo,r fiUwithollt thefll first having b"~ nbuineda gradillg
'permit SO to do, from thEi Cllief Buildillg lJisp.cUr. A sllp.rate grading permit
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1 type and classification of the soil, details and location of proposed drainage
2 structures and piping, walls and cribbing; (d) and such other information that the
3 Chief Building Inspector may require' to carry out the purpose of this ordinance.
4 All plans shall bear the name of the person responsible therefore and shall be
5 submitted to the Chief Building Inspector in duplicate.
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3. State the estimated date for the starting and completion of the
7 grading work.
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4. Show the name .of the Permittee, who shall be responsible for the
9 correctness of the work and for requesting the inspections required herein.
10 EXCEPTION: The Chief Building Inspector may waive the requirement for
11 any or all plans and specifications specified above if he finds that the infor-
12 mation on the application is sufficient to show that the work will conform to
13 the provisions of this ordinance.
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SECTION 8. PERMIT FEES. Before issuing any grading permit, the Chief
15 Building Inspector shall collect a permit fee in the following amounts:
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GRADING PERMIT FEES
17 Volume of Material
Permit Fee
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Not more than 1000 cubio yards------------------------lo.oo
More than 1000 cubic yards------~---------------------lO.oo plus $3.00
for each additional 1000 cubic yards or portion thereof,
SECTION 9.EXPIRNrION OF PERMIT. Every grading permit shall expire by
22 limitation and become nl\11 IInd void if the work authorhed by such permit has not
23' been cOllllllenced within 180 'days or is not completed within one yellr from date of
24 issue; except that 'theChief Building Inspector may, if the permit holder presents
25 satisfactory, evidence that upusual difficulties have prevented work being started
26 or comp~.ted ~ithin the specified time limits, grant a reasonable extension of time
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27 on said :lIermit. pr9videdthe application for the extension of time is made before
28 the dat~'of expiration of the J)ecr.it.
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SECTI~ 10~ 'REFUNr) OF PERMIT FEES. Where no work has been done under
30 li permit issued in accordance with the provisions of this ordinance the Chief
31 ui1ding Inspector. with the approval of the Administrative Office, upon written
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1 reque~tlif' the applicallt, may refund a portion not to exceed tbe total fee paid
2 less tbe estimattld cost of,tbecking plans and other work incidental ,to issuing
3 said permit;
4 SECIION 11. DENIAL OF PEaMIT. Where, in tbeopinion of tbe Cbief Build
5 ing Inspector, the work lIS proposed by tbe applicant is likely to endanger any
6 propertY or public way, be sbaH deny tbe grading permit. Factors to be consider
7 ed in determining probability of bazardous conditions shall include, but not be
8 limited to, possible saturation by rains, ,eartb movelllents, run-off of surfac,e
9 waters and sub-surface conditions ,such as the stratification and faulting of rock,
10 nature and type of soil or rock. Failure of tbe Chief Buildiag Inspector to,OO-
11 serve or recognize hazardous conditions or to, fail'to deny tbe grading permit
12 sball not relieve tbe owner or bis agent for responsibility for tbecondition or
13 damages reslllting therefrom,' and shall not r.slllt in the city of San Bernardino,
14 its officers or agents, being responsible for the conditions or damages resulting
15 therefrom.
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SEcnON 12. INSPECl'IONS.
(a> INSPECTION BY DEPARTMENl'. TheCbief Building Inspector sball when
18 requested, make the inspectiolls hereinafter required and shall either approve
19 tbat ,portion of the work completed or sball notify the perMit holder wberein tbe
20 same fails to comply with this ordinance. Where it is found by inspeCtion that
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the soil or other conditions are not 8IstatedOI'$hown in tbe application for a
gradbg perlllit, the Chief Building Inspector may refuse to apprOve further work
untU approval is obtained for a revised grading planco.torming to the existing
conditions.
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Plans for grading work, bearing the Stalllp of approval of the Chief BUild-I
ing Inspector, shall be maintained at the site during the progress of the grading I
work and untiltbe work has been approved. The ~ittee shall notify tbe Cbief I
Building Inspector in order to obtain inspections in accordance with tbe following
schedule and at le..t 24 hours before said inspection is to be made:
1. ,Initial ,ln~pection.When the permittee or bis a~nt is ready to be-I
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gin work on,8,n excavation or fill.
Notification '$hallb,e given to ,the Building
32, Inspection"Depattlllent no,t less than two days before grading bstarted.
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2. Rough Grading Inspection. When all rough grading has been completed.1
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3. Special Structures Inspection. When excavations are complete for I
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retaining and crib walls and when reinforcing steel is in place and before concret,
is poured. II
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4. Final Inspection. When all work, including installation of all I
6 drainage and other structures, has been completed. I
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7 (b) SPECIAL SllPERVISION. When approved by tbe Chid Building Inspector'j
8 in accordance with Section 18 of this ordinance, inspection of compaction of fills I
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9 may be done by a Civil Engineer, licensed by the State of California, or other :
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10 approved testing agency.
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1. A contour map showing the original and finish surfaces of the .areas
A report, prepared and signed by said engineer or test- i
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ing agency shall be submitted to said Chief Building Inspector upon completion of
12 the work, and shall show the following:
14 filled.
.20 a tab~lation of the per centcolllJl1lction obtained in the various tests.
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2. The unit foundation bearing value recommended on the compacted fill. I
3. A description of the materials used in the fill and the procedure of !
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17 deposit and compactiiln, including the preparation of original ground surface before
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4. A plan showing the location of tests made in the fill, together with I
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5. Astatementihat all work was done in conformity with the provisions I
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18 making the fill.
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SEG'UOf'l 13. Sf,ECUL 'PRECAIlTIOf'lS. If, at any stage of the work on an
24 excavation or fill, the.Chief Building Inspector determines by inspection that
25 the nature of the form.tion is such that further work as authorized by an existing
26 permit is likely to endanger any property or public way, the Chief Building In-
27 spector may require as a condition 'to allowing the work to be done, .that such
28 reasonable safety precautions be taken as the Chief Building Inspector considers
29 advisable 'to avoid such likelihood of danger. "Special Precautions. may inclu~e,
30 ut shall not be limited to, speeifying a flatter exposed slope, construction of. .
31 additional drainage facilities, berms, terracing, Compaction, or cribbing.
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SECTION 14. GRADING CERTIFICArE. If, upon final ~nspecti~D of any ex-
avatioD or fill, it is found that the work authorized by the grading permit has
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1 been satisfactorily completed in accordance with the requirements of this ordi-
2 nance, and any other requirements imposed, a grading certificate covering such
3 work, and stating that the work is approved, shall be issued to the owner by the
4 Chief Building Inspector. upon request.
5 The Chief Building Inspector shall have the power to revoke any grading
6 certificate whenever he finds that the work covered by the certificate has been
7 materially extended or altered, without a permit so to do, or that any retaining
8 walls, cribbing, drainage structures. OJ:" other protective devices a.s shown on
the approved plans and specifications submitted with the application for a permit
have not been maintained in good order and repair.
Before such revocation, the Chief Building Inspector shall first give
written notice to the owner of the property involved. specifying the defective
13 condition and stating .that unless such defective condition is remedied satisfac-
141 torily, the grading .certificate may be revoked. If the defective condition h
151 remedied, the certificate shall not be revoked.
16 SECTION 15. EXCAVATioNS. No excavation shall be made with a cut face
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steeper inslcipe than one horizontal to one vertical. except under one or more
of tbe following conditions:
1. The excavation 'is located so that a line having a slope of one
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zontal to one vertical anll: passing'through any portion of the cut face will lie
entirely inside the property lines of the property on which said excavation is
made.
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2. The material in which tbe excavation is made is sufficiently stable I
to sustain a slope of steeper than one horizontal to one vertical, and a wrHten j'
statement of a Civil Engineer, licensed by the State of California, to that effec
is submitted and approved. The statement shall state that the site bas been in-'
spected and that the deviation from tile slope specified above will not result in
property damage.
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3. A. retaining wall or other approved sQPportis provided tosupp.ort
30 the face of the excavation.
31 The .Chief Bllilding Inspector may require an excavation to be made'!it~ a
32 cut face fh1ter in slope than one horizontal to one vertical, if he finds'the
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8 "surface ste,eper in slope thllD one and one-half horhontal to one vertical, except
9 under,ne .or more of t.he following conditions:
10 1. The fiU in the opinion of the Chief Building Inspector, is located
11 ,so thatllett,lellen'i; sliding or erosion of the fill materials will not result in
12 property damage or a 'hazard to adjoining property, streets or buildings.
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1 material in which excavation is to be made unusually subject to erosion, or if
2 other conditions make such flatter cut slope necessary for stability and safety.
3 Excavations shall not extend below the angle of repose or natural slope
4 of the soil .undex' the nearest point of any footing o.r foundation of any building
5 or structure, unless such footing or foundation is first properly underpinned or
6 protected against settlement.
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SECTION 16. FILLS. (a) No fill shall be made which creates any expose
2. A written statement from a Civil E~gineer, licensed by the State of
California, Certifying that he has inspected the site and that the proposed devia
tlon frol!l the slope specified above wiUnot enda~ger any property, or result in I
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with an exposed surface flatter than one and one~halfhorizontal to one vertical, !
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if he finds that, under the particular conditions, such flatter surface is neces-I
sary for stability and safety. I
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(b) Whenever a fill is to be made of materials other. than clean soil orl
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earth, the grading permit issued by the Chief Building Inspector shall be subject;
property da~age, is Submitted to and approved by the Chief Building Inspector.
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The Chief Building Inspector may require that the fill be constructed
to the following additional limitations and requirements:
1. The fill shall be completed within a reasonable length of time, said
time lim! t to be determined by the Chief Building Inspector and to be specified
on the grading permit.
2. Clean soil or earth shall be placed over the top' and exposed
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3. No Grading permit shall be issued. for the filling of materials otherl
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. than clean soil or earth until a faithful performance bond in the a~unt of at I
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of the fill to a depth sufficient to effectively. conceal all materials, other
than clean soil or earth,wi thin the fill.
least 10% mOre than the Chief Building Inspector's estimated cost of adequately
covering such fill with clean soil or earth, has been filed with the Building
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1 Department. Such faithful performance bond shall be executed by a corporate
2 surety and shall be approved as to form by the City Attorney. Said bond shall
3 inure to the benefit of the City of San Bernardino and be conditioned upon the
4 faithful performance of the work required under the terms and conditions of the
5 grading permit to the satisfaction of the Chief Building Inspector. In lieu of
6 said faithful performance bond, a cash deposit in said amount may be made with
7 the City Administrative Officer.
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SECTION 11, DRAINAGE. Adequate provisions shall be made to prevent any
9 surface waters from damaging the cut face of an excavation or the sloping surface
10 of a fill. All drainage provisions shall be of such design as to carry surface
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waters to the nearest practical street, storm drain or natural water course
approved by the City Engineer as a safe place to deposit and receive such waters.
The Chief Building Inspector may require such drainage structure or piping to be
constructed or installed which, in his opinion, are necessary to prevent erosion
damage and to satisfactorily carry off surface waters.
SECTION 18. COMPACTION OF FIlLS. All fills intended to support~uild-
ings, structures, or where otherwise required to be compacted for stability of
materials, shall be compacted, inspected and tested in accordance with the fOllow-
iug provisions:
1. The natural ground surface shall be prepared by removal of top soil
and vegetation, and, if necessary, shall be graded to a series of terraces.
2. The 1ill shall be spread in a series of layers, each not exceeding
eight (8) inches in ,thickness" and shall be compacted by sheepsfoot roller or
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other approved method after each, layer is spread.
3. X~e moisture content of the fill material shall be controlled at the
time of'spreadin,g and compaction to obtain require maximum density.
,4. The fill Materi;al'after c:ompaction shall have minimum relative den-
28 sity of not less. th.n, Jiinety per cent (90%) of maximum density, as determined by
29 the Modified AASHO Soil Compaction Test, or other approved testing method giving
30 equivalent test results, in all portions of fill requiring compaction. fill
31 material for structures not exceeding one story in height need be c~~pacted to a
32 minimum relative density of only eighty-five per cent (85%) of maximum density
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The Chief Building Inspector may require addi~ional tests of information I
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9 . mation is necessary, and may modify or delete a.ny of the above listed requirement1
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10 that, in his opinion, are unRecessary. I
SECnON 19. VIOLATIONS AND PENALTIES. No person, shall construct. en- I
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1 if approved by the Chief Building Inspector.
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5, A written report of the compaction, showing location,and depth of
3 test holes, materials used, moisture conditions, recommended soil bearing pres~
4 sures, and relative density obtained from all tests, prepared by a Civil Engineer
5 licensed by the State of California shall be submitted to the Chief Building In-
6 spector for approval.
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if, in his opinion, the conditions or materia~s are such that additional infor-
large, alter, repair or maintain any grading, excavation or fill, or cause the
sallle. to be done, contrary to or in violatio.n of any provision of this ordinance.
separate offense for each and every day. or portion
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thereof during which any viola~
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Any person, violating any of the provisions of this ordinance shall be
deemed guilty of a .misdemeanor and each such person s~all be deemed guilty of a
tioD of any of the provisions of this ordinance is comntitted, continued or per-
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mitted, and upon conviction of any such violation such persO:n shall be punishablei .
by a firie of not more than $500, or by imprisonment for not more than. 160 days or I
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SECI'ION.'20. REPEAL OF CONFLICrING ORDINANCES. All ordinances Or parts I
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SECTION 21.' This ordinance, is necessary to safeguard public sa.(ety and I
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by both such fine and imprisonment.
of ordinances in conflict with this ordtnance are hereby repealed.
shall take effect i.~dlately upon its passage .and adoption:
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1 HEREBY CERTIFY the foregoing Ordinance was duly adopted by the Mayor
and.Conilllon Cou,,'.:11 of theChyof San Bernardino. at an adj ourn.lid regul_r ..eating
tbereof held on the.2it:t'dlirOf{:/""-:l/,A7. 1957, by the fOllowing vote.,
to-wit: '
AYES: Councilmen /9~vf( C;/:~L~) _df~2-~ #'v<".77...,>/~
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NOES: ~7 C7,+:n G. U ABSENr: Councilman.,.q;.:~ ,..-.'-<'tk'(
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JACK T . FELTON
City Clerk
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B)(?~<'A;/-E./ 9. .-t{ ~,':
Chief .ty " .
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The foregoing Ordinance is
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&, /d'7l'U1/. . 1957.
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hereby approved thi s ..2 7 day of