Harter v. Barkley

MELVIN, J.

Appeal from a judgment entered after a demurrer to a petition for writ of mandate had been sustained without leave to amend.

The matter involved is the validity or invalidity of a certain ordinance of the city of Redondo Beach. The petitioner alleged the existence of a public sewer in front of his property in said city; and after reciting the pertinent provisions of the ordinance above mentioned, averred that he applied to the trustees of Redondo Beach and the plumbing inspector of said city offered to make connections between his property and said public sewer in a manner and with materials prescribed by ordinances and regulations of the said city, agreed to pay fifty cents for a permit to do the work, and promised to do all things required by the said trustees except the pay

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inent of five dollars for the sewer fund and twenty dollars to the city or its agent for doing the work. He further recited in his petition the refusal of the trustees to comply with his request; stated that the charges for sewer fund and construction were unreasonable and without authority of law; and asked for a writ of mandate directing the issuance of the desired permit.

The ordinance which we are here considering, after providing that no connection shall be made with any public sewer-of the city of Redondo Beach until a permit has been obtained from the plumbing inspector, and that all connections must be made pursuant to sections 15 and 16 thereof, declares that a fee of $5.50 shall be collected by the inspector for each permit for a sewer connection, of which fifty cents shall be a Ifee for the issuance of the said permit and five dollars shall be paid into the sewer fund of the city. It does not appear in the petition what use is made of the sewer fund. Sections 15 and 16 are as follows:—■

“The city of Redondo Beach, its duly authorized agents, servants, or employees, shall have exclusive right to make connections with the public sewer of Redondo Beach, and for laying laterals therefrom through the streets and alleys of said city to the property line.

“Upon written request by the owner of any property who (has first obtained a permit for a sewer connection, as hereinbefore provided, the city of Redondo Beach, its agents, servants or employees shall forthwith make a connection with said sewer at the nearest Y branch, and place a house connection sewer therefrom to the property line of said owner. For making the connection with said sewer and laying house connection sewer therefrom to the property line of said owner, •the said owner of said property shall pay to the authorized, •agent or collector of the said city of Redondo Beach, the sum of $20. Such sum shall be payable as follows: One half (%) upon making application, and the balance ten (10) days after •the completion of the said work.”