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Home My WebLink AboutORD NO 4791ORDINANCE NO. 4 ? 9 1 ORDINANCE AMENDING SECTIONS 8.27.010, 8.80.010, 10.64.020, AND 10.64.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENTS, PROPERTY MAINTENANCE, AND ABANDONED VEHICLES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.27.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.27.010 Maintenance of property — Violation of specified standards. It is unlawful and is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the following conditions exist thereon, except as may be allowed by Title 17 of this code: A. Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty -five percent of the value of the building as it appears on the current tax assessor's roll, or left in an unreasonable state of partial construction. For purposes of this chapter, "left in an unreasonable state of partial construction" means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 15 of this code, where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood. B. Any doorway, window or other opening into a vacant structure not closed and maintained by means or materials approved by the building director. C. Any broken window constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals or enabling persons to resort thereto for the purpose of committing unlawful acts. S:\ COUNCIL \Ords \14- 15 \8.27.01OProp Maintain etc..docx -- Page 1 of 5 Pages -- F�AKF9 o � v � C ORIGINAL D. Overgrown, dead, decayed, diseased or hazardous trees, weeds and other vegetation: Likely to attract rats, vermin and other nuisances; or 2. Constituting a fire hazard; or 3. Dangerous to public safety and welfare. E. Any building exterior, wall, fence, driveway, sidewalk, or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood. F. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, any pool, pond or excavation dangerous to children. G. Construction equipment or machinery of any type or description parked or stored on the owner's property where it is readily visible to the general public, except during excavation, construction or demolition operations covered by an active building permit for the subject or adjoining property, except as may be allowed by Title 17 of this code. H. Lumber (excluding stacked firewood for use on the property and lumber for a project on the property initiated within ten days of delivery), junk, trash, debris or salvage materials visible from a public right -of -way, except as may be allowed by Title 17 of this code. I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible to the general public, except as may be otherwise prohibited by Title 17 of this code. J. Any motor vehicle, trailer, camper, boat or other mobile equipment parked on any unpaved area in any front yard (as defined in Section 17.04.670 of this code) or on any sideyard (as defined in Section 17.04.690 of this code) adjacent to any street. K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any fill dirt brought to the property or excavated from the property and not wetted and compacted in accordance with the requirements of Chapter 70 of the Building Code and graded to within eighteen inches of the adjacent grade within thirty days of delivery or excavation. S:\ COUNCIL \Ords \14- 15 \8.27.010Prop Maintain etc..docx -- Page 2 of 5 Pages -- 0�0 A K�9U -c� >- m F!- r v o ORIGINAL. SECTION 2. Section 8.80.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.80.010 Duty of property owner to abate. A. It shall be the duty of every property owner to abate any public nuisance defined under the Bakersfield Municipal Code existing upon that property which shall be deemed to include for purposes of this chapter the abutting half of the street, sidewalk, and /or alley, and between the sidelines thereof as extended. For purposes of this chapter, "property owner" shall mean the owner of property whose name and address appears on the latest equalized county assessment roll. B. Any property owner who fails to abate a public nuisance within the time prescribed in any notice or order provided for herein, shall be assessed the cost of inspection in accordance with Section 3.70.040 of this code. C. All bills for the charges set forth in subsection B. of this section are due and payable upon billing date. An additional ten percent administrative service charge and interest at the rate of one percent per month shall be added to any surcharge which is delinquent. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs including reasonable attorney's fees. SECTION 3. Section 10.64.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.020 Maintenance unlawful— Penalty. A. It is unlawful for any person to maintain an abandoned or junk vehicle on public or private property in such a manner that the vehicle is visible to the general public; provided, however, that this section shall be inapplicable to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business or school training program; further provided, that this section shall be inapplicable to one such vehicle parked on any paved surface of any single - family residence; provided, that such vehicle, except for such times as one or more persons are present and working on such vehicle, is covered by a fitted opaque cover and no vehicle parts or tools are visible. S:\ COUNCIL \Ords \14- 15 \8.27.01OProp Maintain etc -dou -- Page 3 of 5 Pages -- oIkgAKF9 � r U ORIGINAL B. Any person who violates any provisions of this section and who had been convicted of such violations less than four times in the preceding twelve- month period shall be guilty of an infraction and, upon conviction thereof, shall be punishable by: A fine not exceeding one hundred dollars for a first violation within one year; 2. A fine not exceeding two hundred dollars for a second violation within one year; 3. A fine not exceeding five hundred dollars for a third violation within one year. C. Any person who violates any provisions of this section shall, upon conviction of any fourth or more violation within any twelve -month period, be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Each day during which any violation continues shall constitute a separate offense. SECTION 4. Section 10.64.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.030 Declaration of nuisance. Subject to the express exceptions set forth in Section 1O.64.020A, abandoned or junk vehicles and the parts thereof, located on either public or private property excluding highways, if visible to the general public, are declared to be a public nuisance subject to abatement and removal in accordance with the procedures specified in this chapter. This remedy is in addition to any other provided by law, including penalty provisions applicable for violations of provisions of this chapter. SECTION 5. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --- - - - - -- 000---- - - - - -- SA C0UNCIL \0rds \14 -15 \8.27.01 OProp Maintain etc..docx -- Page 4 of 5 Pages -- o�6AKF9� s r � v o ORIGINAL. HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 0 -2014 by the following vote: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: AION ABSTAIN: COUNCILMEMBER: NcAr. BSE COUNCILMEMBER: 14ayvi es APPROVED: NOV 0 5 2014 a ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney S:\ COUNCIL \Ords \14- 15 \8.27.010Prop Maintain etc..docx -- Page 5 of 5 Pages -- o�gAKF9 s � r V O ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the th day of November, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4791, passed by the Bakersfield City Council at a meeting held on the 5th day of November, 2014 and entitled: ORDINANCE AMENDING SECTIONS 8.27.010, 8.80.010, 10.64.020, AND 10.64.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENTS, PROPERTY MAINTENANCE, AND ABANDONED VEHICLES. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: OCRIlL IQLJ DEPUT City CIA S:IDOCUMENl1FORMSWOP.ORD.wpd s O��AKF9.I > m f- r J C�r ORIGINAL,