City & County of San Francisco v. Buckman

Citations

• 111 Cal. 25

Syllabus

<p>Street Improvement—Permission for Private Grading—Publication of Ordinance—Void Contract.—Under the street law of 1885 as amended in 1889, and under section 68 of the Consolidation Act of the city and county of San Francisco, in order that the owner or owners of lots fronting upon any street in the city and county, the width and grade of which has been established by the city council, shall be permitted to perform the work of grading the street at his or their own expense, it is necessary that the ordinance or resolution of the board of supervisors, granting the privilege therefor, shall, after introduction in the hoard, he published in the mode prescribed by the Consolidation Act, for at least five days before final action by the board; and a resolution not so published is inoperative and can confer no authority upon lotowners to grade or in any way disturb the street in front of their premises, and any contract made by them with the consent of the street-superintendent to do the work of grading is void and of no effect.</p> <p>Id.—Obstruction or Street—-Public Nuisance—Injunction.—Where a lotowner is engaged without authority in the grading of a street in such a manner as unlawfully to obstruct the free passage or use of the street in the customary manner, his acts constitute a public nuisance, which, may be enjoined by the city.</p>