HomeMy WebLinkAboutORD NO 4053ORDINANCE NO. 4 0 5 9
AN ORDINANCE ADDING CHAPTER 1.34 AND
AMENDING SECTIONS 8.80.110B, 8.80.140B,
8.80.150A AND 8.80.160 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO ADMINISTRATIVE APPEALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 1.34 is hereby added to the Bakersfield Municipal Code to read as follows:
Chapter 1.34 - Administrative appeals.
Section 1.34.010 - Appeals to the City Manager.
A. Whenever this Bakersfield Municipal Code provides for an appeal to the City
Manager, the matter may be heard by the City Manager or his or her designee.
B. Unless otherwise provided, all appeals to the City Manager in this Code shall be
made within ten (10) days of giving notice of the underlying decision and shall be heard by
the City Manager within thirty (30) days of the request for an appeal hearing.
Section 1.34.020 - Appeals to Department Heads.
A. Whenever this Bakersfield Municipal Code provides for an appeal to the City
Department Head, the matter may be heard by the Department Head or his or her
designee.
B. Unless otherwise provided, all appeals to the Department Head in this Code
shall be made within ten (10) days of giving notice of the underlying decision and shall be
heard by the Department Head within thirty (30) days of the request for an appeal hearing.
Page 1 of 4
SECTION 2.
Sections 8.80.110 subparagraph B, 8.80.140 subparagraph B, 8.80.150
subparagraph A, and 8.80.180 are hereby amended to read as follows:
Chapter 8.80 - Abatement of Public Nuisances.
8.80.110 Order after hearing - General.
B. Except as provided in Section 8.80.120, after a decision by the hearing
officer(s), any person subject to an order to abate a nuisance may appeal the decision of
the hearing officer to the city manager of the City of Bakersfield by filing a written request
to appeal with the city clerk within ten days from the date appearing on the notice and order
to abate. Said request for appeal must be received by the city clerk by 5:00 p.m. on the
tenth day from the date appearing on said notice and order, and the cost of appeal must
be paid at the time the request for appeal is filed. If no appeal is filed, the city shall be
deemed to have acquired jurisdiction to abate the nuisance or have the same done under
its direction and supervision.
8.80,140 Report and assessment list - Contents and filing.
B. The chief code enforcement officer shall include the account in a report and
assessment list to the city manager and city council, which he shall file with the city clerk.
8.80.150 Report and assessment list - Notice of filing and hearing.
A. The city clerk shall cause to be posted a copy of the report and assessment list
on the bulletin board near the council chamber in the city hall, together with a notice of
filing the same and of the time and place when and where it will be submitted to the city
manager for hearing, at least ten days before the date fixed therein.
8.80.160 Hearing and confirmation.
A. The owners, and all other persons interested in the assessment, feeling
aggrieved by any act or determination of the chief code enforcement officer in relation
thereto, or who claim that any portion of the work for any reason, was omitted or illegally
included, or having or making any objections to the correctness of the assessment may
appear before the city manager at said time and place and be heard.
B. At the hearing, the city manager may amend, alter, modify or correct the
assessment in such manner as to he or she shall deem just, and may require the revision
or correction to be completed according to his or her directions.
Page 2 of 4
oRIGINN
C. All of the decisions and determinations of said city manager, upon notice and
hearing as mentioned in this chapter, shall be final and conclusive.
D. After the city manager's hearing, the assessment approved by the city
manager shall be presented to the city council for confirmation.
E. Said assessment, when confirmed, shall become and remain a lien upon the
properties stated therein, until paid or foreclosed as provided for herein.
F. All such assessments remaining unpaid thirty days after the date of recording
shall become delinquent. An additional ten percent administrative service charge and
interest at the rate of one percent per month shall be added to any assessment which is
delinquent. Should the city resort to court action to collect amounts due, the city shall be
entitled to also collect its reasonable costs.
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.
.......... ooOoo ..........
Page 3 of 4
ORIGINAl
I 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 ~'~ 1_ 0 Z00Z ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~'~-'¢"-~_~
COUNClLMEMBER
CITY CLERK and EX OFFICIO/of the
Council of the City of BakersfTeld
APPROVED: APR 1_ 0 200:?
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
ROBERT M. SHERFY
Assistant City Attorney
RMS:dll
S:\COUNClL\Ords~AdminAppealPubAbateAmdFnl.wpd
Page 4 of 4
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 11th day of April , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4053 , passed by the
Bakersfield City Council at a meeting held on the 10th day of April 2002 and
entitled:
AN ORDINANCE ADDING CHAPTER 1.34 AND
AMENDING SECTIONS 8.80.110B AND 8.80.140B,
8.80.150A AND 8.80.160 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ADMINSTRATIVE
APPEALS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
0RIGINA[