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Home My WebLink About05/18/2015BAKERSFIELD Staff: Steven Teglia, Assistant City Manager Chris Gerry, Administrative Analyst III Committee Members: Councilmember, Terry Maxw Councilmember, Jacquie Su Councilmember, Chris Parliei Regular Meeting of the Legislative and Litigation Committee of the City Council - City of Bakersfield Monday, May 18, 2015 12:00 p.m. City Hall North First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 AGENDA 1. ROLL CALL 2. ADOPT MARCH 23, 2015 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion regarding the Ordinance relating to Abandor Buildings - Gennaro/Mclsaac 5. DEFERRED BUSINESS A. Update on Bath Salts and Spice Legislation - Gennaro 6. COMMITTEE COMMENTS � BAKERSFIELD /�-/ Cl�wi�- CP,vrv _ Staff: Christopher Gerry Administrative Analyst III Committee M Terry Maxwell Jacquie Sulliv Chris Parlier REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 23, 2015 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 The meeting was called to order at 12:04 p.m. 1. ROLL CALL Committee members: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Chris Parlier City Staff: Chris Huot, Assistant City Manager Christopher Gerry, Administrative Analyst - City Manager's Office Amber Lawrence, Administrative Assistant - City Manager's Office Virginia Gennaro, City Attorney Tom Geddes, Associate City Attorney Richard Iger, Associate City Attorney Greg Williamson, Chief of Police Lyle Martin, Assistant Chief of Police Captain Joe Bianco, Bakersfield Police Department Lieutenant Jeremy Grimes, Bakersfield Police Department Phil Burns, Building Director A _I _I'1' _ __ __I A 11 Legislative and Litigation Comr March 23, 2015 - Agenda Si 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Update reaarding Squatter Issue City Attorney Gennaro presented a brief slide show. She repo� number of complaints regarding squatters increased during the recE decline. The common scenarios seen by the Police Department and Code are: Rent Skimming, which is when someone portrays themselves property owner and falsely rents to an unsuspecting victim; Cash for when the squatter obtains and falsely sells the property for cash; a which is the most common, when a squatter moves into the property to the owner. There are instances when squatters will remove fixt property. Notification usually results from either a neighbor, or the property owi to the Police Department that someone is illegally occupying the K Police Department must then discern whether it is a criminal or ci� most instances, it is a civil matter, which calls for an Unlawful Detaine can take from 45 to 60 days. An immediate arrest only takes place when there is obvious illegal � otherwise unlawful. Local law dictates that "No Trespassing" signs n been posted before making an arrest. California is a tenant-frienc there is no probable cause, the officer(s), Department and City could be exposed to a potential civil rights action. The City Council approved a Resolution in 2014 in support of a program to register vacant properties with law enforcement Department has active investigations, and patrols the properties in � Code Enforcement staff maintains a database of substandard housir Additionally, the City Council approved a Resolution in 2014 in suppc which was signed into law in September 2014 and sunsets in 2018, tr enforcement to arrest an individual for trespassing after the proper� obtained a court order. This law only applies for three cities. � reached out to those cities to determine what results they have exp no response has been received yet. ri � r ii i i � i � i• e� � � • � r• � Legislative and Litigation Comr March 23, 2015 - Agenda Si The procedure followed by Code Enforcement begins by citing owner, and posting abandoned and dilapidated houses as substand If any of the utilities are turned off, the building will be posted as secured, and, in some cases, boarded. A list of these properties date, and re-inspected every six to eight weeks by Code Enforcer Police Department. If a squatter is found, a misdemeanor citation c There are approximately 300 properties on the list, which is less than three years ago. Out-of-area owners are encouraged to employ a property manc ensure that someone pays regular visits to the property, and property. Committee member Sullivan asked if the Police can arrest a squatt owner had posted No Trespassing signs. City Attorney Gennaro said that that is a good idea, and propert encouraged to do so. Committee member Sullivan asked if the Police Department could the local owner had not posted No Trespassing signs, but could prc ownership. City Attorney Gennaro replied that the No Trespassing signs are requii Committee member Sullivan said that it should be publicized that thE key. She asked if the property owner told the Police Department someone occupying the building that was not supposed to be there enable the Police Department to take action. City Attorney Gennaro said that an investigation would still be rec person in the structure could be a victim of real estate fraud. Committee member Sullivan stated that the process is unfair to expensive. Committee member Parlier asked about the abatement process fc or burned out properties. Building Director Burns replied that those properties are abated Dangerous Building process, and there are approximately 10 to12 ec �rP r1Pmnli�hPrl If thP h� iilrlinry i� still �ni in� hnwPVPr it will hP hn�r�lE Legislative and Litigation Comr March 23, 2015 - Agenda Si Building Director Burns said that should the individual return, Code will re-secure the structure. The structure will be on the mair however, unless they are notified that the building is occupied, s know to re-inspect the site sooner. Code Enforcement staff is current the Police Department to discuss a more frequent inspection schedul Committee member Sullivan asked if more could be done, or if the � be elevated to another level. City Attorney Gennaro stated that the next level is a felony, and elevated to that level. If the District Attorney or Court decides to issu� than those typically levied, that is within their purview. Committee member Sullivan suggested that a letter be sent to owner. City Attorney Gennaro replied that letters are sent; however, in m< property owner does not respond, indicating a lack of interest. Committee Chair Maxwell called on Dennis Fox to speak. Mr. Fox sc owners live a long distance away, and he does not believe they employ a property management firm. He also mentioned reverse mc City Attorney Gennaro acknowledged that disinterested owners common problem, and added that reverse mortgages do not help C Committee Chair Maxwell called on Christine Lollar to speak. Ms. L she appreciated staff for not generalizing in the presentation. No� and panhandlers are homeless, and not all homeless are s� panhandlers. She appreciated Building, Code Enforcement an Department for working with the Collaborative. She encouraged sta this practice, so that the Collaborative can intervene if needed. Police Chief Williamson stated that most cases are handled from a c to be mindful of everyone's rights. Committee member Sullivan opined that the State should recognizE the property owner more. City Attorney Gennaro said that she would review the text of Committee member Sullivan after the Committee meeting. Legislative and Litigation Comr March 23, 2015 - Agenda Si Committee Chair Maxwell noted that most people do not unc something like this happens in their neighborhood, then they learn tr the squatter as opposed to the owner. If contact is being mc neighbors, then everything possible is being done. If things are to cr be done at the State level. Police Chief Williamson said he believes that the current laws ar landlords evicting people illegally in the past. He agrees that the take place at the State level. City Attorney Gennaro noted that the problem is decreasing be cooperative efforts of the Police Department, Code Enforcement c real estate community. B. Discussion regarding Synthetic Stimulants and Cannabinoids City Attorney Gennaro referred to a memorandum that had been in meeting packet, and presented a slide show. Bath Salts can be purchased as plant food, and cleaner for jewelry a screens. It is not the same as, nor should it be confused with, Epsom bathing materials. It is a synthetic stimulant that has the stimul� cocaine or methamphetamines, and cannot be smelled by polic found in a urinalysis. According to the Health and Safety C misdemeanor to sell or distribute Bath Salts, and it is a crime to k influence according to the Penal Code. In order to avoid be manufacturers constantly change the chemical ingredients and corr Spice is a synthetic cannabinoid, typically marketed as a safe, legal marijuana and sold as an herbal cigarette or incense. It cannot be a drug screen. A law enacted in 2012 makes it a misdemeanor to sE certain synthetic cannabinoids, but it is very easy to avoid thc changing the chemical ingredients. Senate Bill 139 (SB-139) becomes effective on January 1, 2016, and i Health and Safety Code sections dealing with Bath Salts and S possession and use an infraction. There is also some pending legisl further amend the same Code sections to allow more flexibility of th� both drugs. She distributed a copy of the text of SB-139 to thf members, and referenced the appropriate text. Staff contacted other cities that have enacted ordinances relative Legislative and Litigation Comr March 23, 2015 - Agenda Si considered, she suggested waiting until responses are received cities to learn how effective their ordinances have been. Ms. Gennaro noted that Lieutenant Grimes of the Vice Unit was in att Committee Chair Maxwell called on Dennis Fox to speak. Mr. Fox re book by Aldous Huxley, "Brave New World", and a comment madE about people flying in to Bakersfield to purchase meth. Committee member Parlier said he appreciated staff's work on the sl that it was informative. He noted that the packaging for one pro Scooby Doo, which indicates it is meant to target youth, and the areas of the community, such as the poor and minorities. He madE staff to write a letter in support of AB-139 and to bring the ma Committee discussion once staff has had contact with the other cii enacted ordinances. The intent is not to ban legal substances, but synthetic substances. Committee member Sullivan recalled an event approximately thrE when a neighbor conveyed to her about the serious problems his friE having. It was determined that the cause of his issues was the use neighbor purchased Spice to show her how easy it was to obtain it. the public should be educated. She requested that staff provide a r noting what other cities have done. Committee member Parlier said that he understands how it can k enforce the laws, and for the different laboratories to conduct tesi the constant change in chemical composition. He added that Taft v on the list of cities. City Attorney Gennaro said that the list will be updated to include it. Committee Chair Maxwell asked about the one product that dep Doo on the packaging, and if that might be a copyright infringemen� City Attorney Gennaro said it is; however, it would have to be Hannc initiated any legal action. Committee Chair Maxwell suggested that perhaps when the next item is on the agenda, this point could be discussed further. Legislative and Litigation Comr March 23, 2015 - Agenda Si Committee Chair Maxwell said that this is a time bomb waiting to draws young people in who do not yet have the maturity and und how they can be affected by these products. Solutions are ne instead of waiting for the legislation to take effect on January 1, 201 his support of Committee member Parlier's motion, and asked � Gennaro to reiterate it. City Attorney Gennaro said that the motion is for the City Council to in support of SB-139 and for staff come back as soon as possible to tr with the item once identifying what other cities have done. The motion was unanimously approved. 5. COMMITTEE COMMENTS Committee member Parlier thanked staff for both presentations and Pow said they were informative. Committee Chair Maxwell echoed those sentiments. He added that educ� tool, and that these are subjects he did not previously know about. It h when people are educated, they can make better decisions. Committee Chair inquired as to the status of a referral to the Committ ordinances regarding abandoned buildings, especially in the downtown arE City Attorney Gennaro said that it will be on a future agenda, when Manager Steve Teglia would be in attendance. Committee Chair Maxwell sent his congratulations to the Teglia family on th of their child. 6. ADJOURNMENT The meeting adjourned at 1:00 p.m. MEMORANDUM CITY ATTORNEY May 13, 2015 TO: LEGISLATIVE AND LITIGATION COMMITTEE Terry Maxwell, Chair Jacquie Sullivan Chris Parlier FROM: SUBJECT: JOSHUA H. RUDNICK, DEPUTY CITY ATTORNEY ' VACANT OR ABANDONED COMMERCIAL BUILDINGS DOWNTC In addition to the power point presentation by the Community Deve Department, the City Attorney's office submits this memo in resp Councilmember Maxwell's referral relating to the issue of vacant cor� buildings downtown, and existing laws that address the blight causec vacant commercial buildings. Backqround The City currently has three sections in its municipal code to deal with � caused by vacant properties, whether residential or commercial. C each code section are attached to this memo. 1. BMC Chapter 8.27 -(Maintenance of Property - Violation of Standards) The City uses BMC Ch. 8.27 to force owners of vacant property to sec doors, windows or any opening of the structure. Some structures includE buildings or partially destroyed buildings. Failure to comply subjects the � owner to a criminal penalty (misdemeanor or infraction) and civil K through the abatement process under Chapter 8.80. Examples of v include buildings with broken windows, open doorways, and exterioi fences, driveways, sidewalks, or walkways which are in disrepair and u Legislative and Litigation Committee May 13, 2015 Page 2 3. Bakersfield Municipal Code (BMC) Chapter 8.80 -(Abatement � Nuisances) The City uses BMC Chapter 8.80 to force owners to maintain and clean vacant buildings when their property has become a public nuisance. BMC Chapter 8.80, the owner receives a notice of violation and has se� to fix their property. The City may also issue a corrective order. If the owner does not repair or abate the nuisance, the City will continue abatement process, which includes the hiring of a contractor to cle< board up the property, and subsequent liens imposed on the pro recover the City's costs. If the code enforcement officer determines property is a substantial endangerment to the health and safety of oc or the public or an imminent threat to the health and safety of resi public, the City will order the property to be vacated, secured and mc against entry by would-be trespassers. Examples of public nuisance � include all of the examples listed in the BMC Chapter 8.27 summary abc as buildings with broken windows and open doorways. In addition, violators of BMC Chapter 8.80 are also subject to civil liab can be charged with a misdemeanor or an infraction, including finE $1,000 per violation. Summarv It should be noted that the City can lien the property or otherwise c property's title in order to recover the City's costs for abatement and f� property owner to make repairs or abate the nuisance. However, the of liens placed on the property may make the property less attra� purchasers interested in buying vacant buildings, especially in cases whE are a substantial amount of liens on the property rendering the unmarketable, which may ultimately create more vacancies. Although the City's existing code is used to address unsafe or dilc commercial buildings, the Community Development Department will other options and tools used by other cities for the committee to cor part of its power point presentation at the meeting. Chapter 8.27 PROPERTY MAINTENANCE Bakersfield Municipal Code Up Previous Next Title 8 HEALTH AND SAFEiY Main Collapse Search Print Chapter 8.27 PROPERTY MAINTENANCE 8.27.010 Maintenance of property—Violation of specified standards. It is unlawful a�ld is declared a public iiuisance for any person owning, leasirlg, occupyin� or ha� possession of any property in the city to maintain such property in such manner that any of the fallc conditions exist thereon, except as may be allowed by Title 17 of this code: A. Any building ar structure which has been pai-tially destroyed for at least six months to the c more than twenty-five percent of tlie value of the buildiiig as it appears on tlle current tax assessor's in an unreasonable state of partial construction. I=or pw•poses of this chapter, "left in an unreasonabl partial construction"means left, after initiatioi� of construction, for a period of one year or more witl completion of a phase warranting an iriitial building inspection or without completion of a successi� warranting a subsequent building inspection under Title 15 of this code, where the appearance or ot conditions of said unfinislied biiilding or structure substantially detracts from tlie appearance of the neighborhood. B. Any doorway, window or other opening into a vacant structure not closed and maintained t rnatei•ials approved by the buildiilg director. C. Any broken window constih�ting a hazardous condition and facilitating trespass or malicia or constituting a sheltel• for vagrants or criminals or enabling persons t� resort thereto fol• tlie pu►•po: committing unlawful acts. D. I. 2. 3. Overgro�vn, dead, decayed, diseased or hazardous trees, weeds and other vegetation: Likely to att�•act rats, vei7nin and other nuisances; ar Constituting a fire l�azard; or Dangei•ous to public safety and welfare. E. Any building exterior, wall, feiice, driveway, sidewalk, or walkway which is maintained in condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detr appearance of the immediate neighborhood. F. Any attcactive nuisance, including abandoned, broken or neglected machinery or equipmer pond or excavation dangerous to children. G. Construction equipment or machinery of any type or description parked or stored on the ov property where it is readily visible ta the general public, except during excavation, construction or c operations covered by an active building permit for the subject or adjoining prope►-ty, eYCept as may by Title 17 of tl�is code. H. Lumber (excluding stacked firewood for use on the prope►-ty and lumber for a project on th initiated within ten days of�deliverv), iunk, trash, debris or salva�e materials visible from a nublic ri Chapter �.27 PROPERTY MAINTENANCE K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any fill dirt brot�ght to tl� excavated from the pi•operty atid not wetted and cornpacted in accordance with the requirements o the Building Code and graded to within eigliteen inches of the adjacent grade within thi�-ty days of excavation. (Ord. 4791 § l, 2014; Ord. 4715 § 1, 2012; Oi•d. 3182 � 1, 1988) 8.27.020 Enforcement. A. The building director shall enforce the provisions of this chapter. Any person who violate provision of Section 8.27.010 sl�all be punished as set fol-tll in genei•al penalty pi•ovision Section 1. B. For each day that a violation exists, it shall constitute a separate affense. (Ord. 3434 � 2, 1 3 I 82 § 1, 1988) 8.27.030 Abatement. As an alternative to the enforcement provided in Chapter 1.40, the building director may take a the nuisance, pursuant to Chapter 8.80 of the I3akersfield Municipal Code. (Ord. 3440 � l, 1992; C 1988) View the mobile version. Chapter 8.28 WEEDS AND DEBRIS Bakersfield Municipal Code Up Previous Next Title 8 HEALTH AND SAFEiY Chapter 8.28 WEEDS AND DEBRIS Main Collapse Search Print 8.28.010 Weeds constituting a public nuisance. A. All weeds which ac•e descl•ibed in this sectiori growing upon any private property or in a»y sidewalk or alley within the city, are declaced to be a public nuisance, subject to abatement and rem accordance with the procedures specified in this chapter. This remedy is in addition to any otlier prc law, including penalty provisions applicable for violations of provisions of this chapter. B. The term "weeds" includes: Weeds which bear seeds of a downy or wingy nature; 2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to bf dry, a fire menace to adjacent improved pi•operty; 3. � Weeds which are otherwise noxious or dangerous; Poison oak and poison ivy, when the conditions of'gr�wth are such as to constitute a mena� public health; 5. D�y grasses, stubble, brush, dead shrubs, dead trees, litter or other flammable rnaterial whi� the ptib(ic safety by creating a fire hazard. (Ord. 3275 � l, 1990; Ord. 3070 § l, 1986; prior code § 1 8.28.020 Waste matter constituting a public nuisance. "Waste matter"means any unused or discarded matter having no substantial market value, which the elements and is not enclosed in any structure or ot}�el•wise concealed fi•om public view, and whi� of its location and charactec, would materially hamper or interfere with the suppression or preventic upon tlle premises. All waste mattet• described iil this section is declared to be a public nuisance, sul abatement and removal in accordance with the p��ocedures specified in this chapter. This remedy is . any other pi•ovided by law, including penaliy p►•ovisions applicable for violatians of pi•ovisions of tL (Ord. 3275 � 2, 1990; Ord. 3Q70 § 1, 1985; p►•iol• code § 8.80.020) 8.28.022 Maintenance unlawful—Penalty. A. lt is unlawful for any pel•son to maintain weeds and waste matter on public or private propf it�anner as constitutes a nuisance as defined in Sections 8.28.010 and 8.2$.020 of tl�is chapter. B. Any person wlio violates any provisions of this section shall be pt�nistied as set forth in gei� p►•ovisions Section l .40.010. C. Each day during which any violation continues shall constitute a separate offense. (Ord. 34 � � ., � � � � , ,,,.,. ,-. , ., ,..,.. � , , ,. � . • , � „ „ ,. ,, ,. ,.. Chapter 8.28 WEEDS AND DEBRIS The chief may, at his discretion, determine and direct that the nuisance be abated by i•emoval of le: weeds and waste matter. At his discretion, the chief may also dictate the manner by which such wf removed, including by mowing, discing or some other means. The chief may take action to abate t pursuant to the procedures set forth in Chapter 8.8U of this code. (Ord. 4030 § l, 2001; Ord. 3440 3070 § 1, 1986; Ord. 2872 § l, 1983) View the mobile version. Chapter 8.80 ABATEMEN"I' OF PUBLIC NUISANCES Bakersfield Municipal Code Up Previous Next Title 8 HEALTH AND SAFETY Main Collapse Search Print Chapter 8.80 ABATEMENT OF PUBLIC NUISANCES Note * Cditor's Note:Prior ordinances codified herein includc portions of Ordinance No, 3443. 8.80.010 Duty of property owner to abate. A. (t shall b� the duty of every propei-ty owner to abate any public nuisance defined under the Municipal Code existing upon that property which shall be deemed to include for plu•poses of this c abutting half of'the street, sidewalk, and/oc alley, and between the sidelines thereof as extended. Fo this chapter,``property owner" shall mean the owner of property whose name and address appears o: equalized coi�iity assessment roll. B. Any property owner who fails to abate a public nuisance within the time prescribed in any order provided for herein, shall be assessed the cost of inspection in accordance with Section 3.70.0 code. C. All bills foi• the cllarges set fo��tii in subsection B of this section are due and payable upon � An additional ten percent administrative service charge and interest at the rate of one percent per m added to any surcharge which is delinquent. Should the city resort to court action to collect amount; shall be et�titled also to collect its r•easonable costs including reasonable attorney's fees. (Ord. 4791 Ord. 3666 § 2, 1995) 8.80.020 General enforcement authority. Code enforcement officers have the authority and powers necessary to gain compliance with the the Bake�•sfield Municipal Code and applicable state codes. For the puiposes of this chapter the terr enforcement afficer" shall include building inspectors where applicable. These powers include the power to issue notices of violations, correction orders, field citations a public a• private property and to use whatever.judicial and administrative remedies provided under Qakersfield Municipal Code or applicable state law. (Ord. 3666 § 2, 1995) 8.80.030 Authority to inspect. Gode enforcement officers are authorized to enter upon any property or premises to ascei-tain wr provisions of the Bakersfield Municipal Code or applicable state codes are being obeyed, and to m� examinations and swveys as may be necessary in the performance oftheir enforcement duties. The include the taking of photobraphs, samples or ather physical evidence. All inspections, entries, exai Chapter 8.80 ABATEMENT OF PUBLIC NUISANCES cause to believe that the person has committed a violation af the Bakersfield Municipal Code or ap� cades in his or her presence. Pursuant to Penal Code Section 836.5, code enforcement offiicers can � person by issuing a misdemeanor field citation in the manner set forth in Penal Code Section 853.6, 2, 1995) 8.80.050 Summary abatement of public nuisance. In addition to the pe�ialties provided in this cliapter, any condition caused or pei7nitted to exist ir any of tlie pi•ovisions of this code shall be deemed a public nuisance and rnay be, by the city, summ as such, and each day such conditioi� co�itinues shall be deemed a new atld sep�•ate offense. (Ord. � 1995) 8.80.060 Notice(s) of violation and correction orders—Informal administrative remedy. A. Notice of Violation. Where a code enf'orcement officer determines that informal resolution or purpo�•ted violation of the Bakersfield Municipal Code is approp�•iate, the code enforcement offic notify the pi•operty ownei• that a public nuisance is alleged to exist upon tlle owner's propei•ty. Such notice shall require the property owner to respond to the allegation within seven days of th notice. Should the property owner fail to respond to such notice, the cade enforcement officer shall property owner t}iat an inspection wi(1 be made to verify the alleged code violation. Such notice sha property owner that if'a violation of the Bakersfield Municipal Code is confinned to exist, the cost shall be charged to the property or made a lien on the property in addition to othe�• costs necessary t public nuisance as provided in ti�is ciiapter. B. Correction Order. Where a code enforcement officer issues a coi•rection order pursuant to t Housing Code, the California Building Code, the California Electrical Code, California Plumbing C Califocnia Mechanical Code, the pi•operty owner shall corcect the violation in a manner set forth in within a reaso►lable time to be detennined by the code enforcement officei•. The ordei• shall notify t� owner that if, upon reinspection, the violation continues to exist, the cost to reinspect said violation to any further reinspection costs shall be charged to the property owner or made a lien on the prope. to other costs necessary to abate the public nuisance as provided in this chapter. C. Substantial Endangerment to Health and Safety of Occupants or Public. Should a code enti officer determine that a violation of any of the pr�visions set fortll in subsection A and/oi• B above � extensive and of such a nature that the health and safety ofthe occupants or the public is substantiai endangered, a notice or order to repair may be issued. The noticE or ocder shall provide for a reason period to repair the violation not to exceed seven days. Sh�uld the owner fail to repair within the tir the notice or order, the city may seek all remedies provided for by law including those set forth in I- Safety Code Section l 7980.7 and may, thereafter, order the property to be vacated, secured and ma against entry. D. Imminent Threat to Health and Safety of Residents or Public. lf the code enforcement offic that a building or structure is in such condition as to make it immediately dangerous to the life, liml Chaptet• 8.80 ABA"I'EMENT OF PUBLIC NUISANCES It is a misdemeanor to occupy this buiiding or to remove or deface this notice. CI"I'Y OF BAKERSFIELD CODE ENFORCEMCNT DIVISION F. Cornpliance with Order to Vacate. Where a property has been posted and ordered to be v� forth i�i this section, notice of such vacation shall be provided to the property owner. No person sh or enter any building which has been posted, except that entry may be made to repair, demolish or building where any required permit to do so has been acquired. No person shall remove or deface any such notice posted until the requii•ed repairs, demolition or removal have been completed and a certificate of o issued. Any person violating this subsectioii s}�all be guilty of a misdemeanor. (Ord. 4346 § 1, 200 2, 1995) 8.80.070 Notice to abate nuisance and order to show cause—General—Formal adminis� remedy. A. Except as provided for in Sections 8.80.080 and 8.80.090, where violation(s) of the Baker Municipal Code cannot be cesolved through the informal remedies provided for in this chapter, oc enforcement officer deter«iines tl�at a violation of the Bakersfield Municipa) Code poses a seriaus general health, safety ar welfare of the citizens of the City, or is otherwise not subject to resolution infonnal remedies set foi-th in this Chapter, the Code Enforcement Official shall provide notice of requiring its abatement as provided in this section. B. The code enforcement officer shall cause to be mailed, with proof of seivice, a copy of thE abate public nuisance and order to show cause to the owner of ceal property on which a nuisance e C. If the name and address of such owner does not appear on the assessment roll or is not oth a copy of such notice shall be conspicuously posted on the propei�ty affected. D. The notices so posted shall be substantially the same as the notices mailed. E. 'The mailing or posting of all of the notices shall be completed at least ten (10) days before for the hearing. F. The failure of any property owner• or other party entitled to notice under this chapter to re� notice sllall not deprive the city of jurisdiction to proceed or afFect in any manner the validity of th taken or to be taken or ofany assessment or personal obligation levied under this cllapter. (O�•d. 36 8.80.080 Notice to abate nuisance and order to show cause—Violations of the Californi Code, California Plumbing Code, California Electrical Code and/or the California Mecha Formal administrative remedy. Chapter 8.$0 ABATEMENT OF PUBLIC NUISANC�S B. The code enforcement officer shall cause to be mailed, with proof of service, a copy of the abate puhlic nuisance and arder to show cause to the c�wner of real property on which a nuisance ex notice shall provide the date and time fixed for the hearing regacding the nuisance and shall also be tenants of residential bt�ildings wliere tlie violation affects tl�e health and safety of ti�e occt�pants an violates Section 1941.1 af the California Civil Cade. C. If the name and address of such owner does not appear on the assessment roll or is not othE a copy of such notice sha(I be conspicuously posted on the property affected. D. �,he notices so posted shall be substat�tially t}ie sarne as the notices rnailed. E. 'I'he mailing or posting of all of the notices shall be completed at least ten days before the t the hearing. F. The failure of any property owner to receive such notice shall not deprive the city of jw•isd proceed or affect in any rnanner the validity ofi'the p►•oceedings taken or to be taken or of any asses� personal obligation levied under this chapter. (Ord. 4346 � l, 2006; Ord. 3666 § 2, 199�) 8.80.090 Notice to abate nuisance and order to show cause—Violations of the Uniform I Code and/or Uniform Code for the Abatement of Dangerous Buildings—Formal adminisi remedy. A. ln additian to other remedies provided for by law, whcre violation(s) oi'the Unifonn Hous and/or Uniform Code for the Abatement of Dangerous Buildings cannot be resolved through the in', remedies provided for in this chapter, or when a code enforcement ofticer determines that a violatic codes poses a ser•ious threat to tlle general llealth, safety or welfare of the citizens of the city, ar is c subject to resolutian through ihe informal i•emedies set fortli in this chapter, the code enforcernent c provide notice of the violation requiring its abatement as provided in this section. Such notice shall provided to tenants of residential buildings where the violation affects the health and safety of the c which violates Section. 1941.1 of the California Civil Code. B. `I'he code enforcement officer shall cause to be rnailed by re�istered oi• certified mail, posta i•eturn receipt requested, with proof of service, a copy of the notice to abate public nuisance to the c property on which the nuisance exists and in cases of violation(s) of the Uniform Code for the Aba1 Dangerous Buildings any mortgagee or beneticiary under any deed of trust of record, ordering that be vacated and stating tllat proceedings to correct tl�e violatio�i by demolition, closing or repair, at t the owner, shall commence within ten days ofthe notice. lf, in the opinion of the code enforcement building can be repaired, the notice shall state the required repairs. A copy of the notice shall also b conspicuously posted on the building containing the alleged violation(s). The notice shall provide tl time fixed for the hearing regarding the nuisance. C. The mailing and posting ofall ofi the notices shall be completed at least ten days before the for the hearing. D. In cases iiivolving alleged violation(s) of the Unifarm Housing Code, upan issuance of the hearing, the building official, depending on the severity of the violation(s), may filc in the office of recorder a ce��tificate describinQ the orone��tv and certifvin�� (il that the hnilclin� ic an alle¢eci c>>hct; Chapter 8.80 ABATEMCNT OF PUBLIC NUIS�INCES E. In cases involving alleged violation(s) ofthe Unifiorm Gade for the Abatement of Dangerc upon issuance ofi ti�e notice of heacing, the builclii�g official shall tile in the office of the county rec cel-tificate describing the property and cei-tifying: (i) ihat the building is an alleged dangerous build (ii) the owne�• has been so notified. Whenever the cort•ections ordered shall thereafter have been co the building has been demolished so that it no longer exists as a dangerous building an the propei�t� the certificate, or as a result of the hearing and/or appeals process it is foiind that the building is no (s) of the Unifo��n Code for the Abatement of Dangerous Buildings, the building official shall file cei-tificate with the county recorder certifying that the building has been demolished or all required have been made so that the building is no longer dangerous or that the building was found not to b� whichever is appropriate. F. The failure of any propei-ty owner or moi-tga�ee or beneficiary of deed of U•ust of record, i notice shall not deprive the city of jurisdiction to proceed or affect in any manner the validity of th taken oi• to be taken or of any assessment or personal obligation levied under this chapter. (Ord. 43 Ord. 3G66 � 2, 1995) 8.80.100 Hearing. A. Where a notice to abate nuisance and order to show cause has been issued under this chap department head/director designated by the city manager sfiall hold a hearing at ti�e time and place the notice to abate and shall receive all evidence presented on the issue of the need and necessity tc and all nuisances for which notice was given. B. The department head/director shall act in the capacity of administrative hearing officers) ( of�cer(s)" hereafter) and shall have the authority to receive all relevant evidence, s�vear witnesses, witnesses, demand the production of documents and witnesses, and otherwise do all things necess� to reach an infonned decision upon the existence ofa nuisance or nuisances and the necessity to a� testimony shall be taken under oath or afitirmation oi• by sworn affidavit or declat•ation executed un peijwy. The hearing officer(s) may consider ail other issues relevant and reasonably necessa�y to r ultiitlate issues of ttie existence of a nuisance and the necessity to abate. C. The burden shall be upon the city of' Bakersfield to show the existe�lce of a��y and all nuis� noticed, and lhe necessity ta abate such, by a preponderance of the evidence presented at the hearii relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in � decision. D. The hearing of�cer(s) shall cause the hearing to be tape recorded. Transcripts may be crea expense ofthe person requesting the transcript. (Ord. 4346 § l, 2006; Urd. 3744 § 1, 1997; Ord. 3f 8.80.110 Order after hearing. A. After the conclusion of the hearinb, the hearing officer(s) shall rencler a decision within days on the existence of a nuisance and the necessity to abate. If such nuisaiice is not found to exis Ghapter S.SO ABATEMENT OT PUBLIC NUISANCES order to abate a nuisance may appcal the decision of the heariiig officer to the city manager of the c Bakersfield by filing a written request to appeal with the city clerk within ten days, or in cases of vi the Unifonn Housing Code within thiriy days, fi•om the date appearing on the notice and order to ar request for appeal must be received by tiie city clerk by 5:00 p.m. ori the i•espective deadlines appea notice and order, and the cost of appeal must be paid at the time the request far appeal is filed. lf no filed, except as provided in subsection (E) of this section, the city shall be deemed to have acquired to abate the nuisance or have the same done under its direction and supervision, C. Any owner or other interested person having any objectians, or feeling aggrieved at any pr� taken by the hearing of'ficei•(s) in ordering abatement of nuisances under the Uniform Code for the � Dangerous Buildings, may appeal the decision of the hearing ofticer to the board of building appeal of I3akersfield by filing a written request to appeal with the city clerk withiii thirty days fi•om tlie da on the notice and order to abate. Said request for appeal must be received by the city clerk by 5:00 � thirtieth day from the date appearing on the notice and order, and the cost of appeal must be �aid at request for appeal is filed. D. Any oi•der issued fot• the abatement of nuisances unde�• the Unifoi�n Housing Code and/or t Code fa• the Abatement of Dangerous Buildings, shall state that the owner of the substandard or da building may abate the nuisance within thirty days from the posting on the premises oi'a copy of th� hearing officer(s) declaring the property a nuisance. The order shall also be mailed to the pi•operty c cases of violation(s) of the Unif'orm Code for the Abatement of Dangei•ous Buildiilgs each mo��tgag� beneficiary under any deed of�trust, certified mail, postage prepaid, return receipt requested, with pi service. E. Thi��ty days after the posting of the capies of the order declaring any building a nuisance un tlnifot-�n Housing Code and/oi• the Unifann Code for the Abatement of Dangerous Building, and if been timely filed or aftet• an appeal has been timely filed but denied, the city Shall be deerned to ha� jurisdiction to abate such nuisance by repairing, securing against ent�y, razing or removing the buil� the nuisance is abated by the owner or other person interested within the thit-ty day period or any ex thereof as may be granted by the hearing officer(s). In the event that the nuisance is not abated with prescribed, the city may raze and/or remove the building or have the same done under its direction � supervision. (Ord. 4346 � l, 20U6; Ord. 3744 � 2, 1997; Ord. 3666 � 2, 1995) 8.80.130 Abatement by owner. A. Any owner of real property on which public nuisance exists, may cause the same to be aba it is done prior to the arrival of the city or its contractors to do the work; providing in all cases the w done to the satisfaction of the city. B. It is unlawful for any property owner or other person to bu��, or attempt to burn any weeds waste matter without first obtaining written pei�nission to do so from the chief of the fire departmer Any person a� entity who violates this section shall be guilty of a rnisdemeanor. (Ord. 3666 § 2, 19'. 8.80.140 Report and assessment list—Contents and filina. Chapter 8.80 ABATEMENT OF PUBLIC NUISANCES C. The report and assessment I ist shall refer to each separate lot or parcel of' land by desci•ipti to ideiitify it, aiid state sepacately the cost of abating tlie tiuisance upon each paccel of land, IIICILIC�1 apportioiled administrative charge of all applicable city depat•tments. (Ord. 3666 § 2, 1995) 8.80.150 Report and assessment list—Notice of filing. A. The city clerk shall cause to be posted a copy of the report and assessment list on the bullE the council chamber in tlle city hall, together with a notice of filing the same and of the time and p where it will be submitted to the city council for contirmation, at least ten days before the date fixe B. Tlie chief code e�iforcement officer sl�all also mail and/or post copies, as the case may be, to all the owners of property and any mortgagee or beneficiary under any deed of trust where viola Uniform rlousing Code or the Unifoim Code for the Abatemeilt of Da�igerous Buildings exist, as t be, on which suckl a nuisance was abated for the time, and in the man�ler, and with like effect, as pi Section 8.80.070, 8.80.080 and 8.80.090 for mailing and posting notices to abate. (Ord. 3666 � 2, ; 8.80.160 Hearing and confirmation. A. `fhe awners, and all �ther person interested in the assessment, feeling aggrieved by any ac dete�7nination of the chief code enforcement officer in relatian thereto, or who claim that any porti for any reason, was omitted oi• illegally included, oi• havin� oi• rnaking any objections to the correc assessment may appear before the city council at said time ai�d piace a�id be heard. B. At the hearing, the city council may amend, alter, modify or correct the assessment in sucl them shall seem just, and may cequire the revision or correction to be completed according to their C. All of the decisions and detenninations of said city council, upon natice and hearing as m� this chapter, shall be final and conclusive. D. Said assessmeiit, when confirmed, shall become and retnain a lien upoil the prape��ties stat until paid or foreclosed as provided for herein. E. All such assessments reiliaining unpaid thii�ty days after the date of recording shall becom� An additional ten percent adrninistrative service charge and interest at the rate of one percent per �t added to any assessment which is delinquent. Should the city reso��t to court action to collect amou city stiall be entitled also to collect its reasonable costs. (Ord. 3666 § 2, 1995) 8.80.170 Payments to finance director. Any property ow�ler may pay the amount assessed against said property at the office of the fina City Hall No►-th, 1600 Truxtun Avenue, Bakersfield, California, and the lien thereof against the prc shall be released. However, where the cit.y chooses to place assessments confirmed under this chaF property tax t•oll for collection, the property owner must pay the assessment prior to 5:00 p.m. on J following completion of the work. (Ord. 4563 § 1, 2009; �rd. 36f 6� 2, 1�)95) Chapter 8.$0 ABATEMENT OF PUBLIC NUISANCES Kern, as in this section provided, all persons shall be deemed to have full notice thereot. (Ord. 366 8.80.190 Collection of assessments—Writ of execution non-judicial foreclosure. A. Any nuisance abatement lien created under this chapter may be foreclosed as provided for Govei�i►nent Code Section 38773.1. B. Where the city elects to pursue such remedy, the code enforcement officer shall, prior to r� serve a notice of lie�i on propei-ty owner upon which the nuisance exists. C. Service required under this subsection shall be made as reqi�il•ed under Code af Civil Proc 415.10 ct seq. However, if the owner of record, after diligent search cannot be found, the notice of served by posting a copy thereof in a conspicuous place upon the propei-ty for a pei•iod of ten days publication thereof in a newspapec of general circulation published in Kern County pursuant to Go Code Section 6062. (Ord. 366b § 2, 1995) 8.80.200 Collection of assessments— Placement on tax roll. A. On each June 30th after completion of work and levying af assessments therefoi•, the chie: enforcement officer may cause the arnounts of said assessments, along with all accrued administra charges and interest, i•emaining unpaid against the respective lots or parcels of land to be entered a on the property tax roll, and pursuant to law, the county tax collector shall include the sum of the t� applicable to such property. B. Thereafter said amounts may be collected at the same time and in the same manner as �en valorem taxes are collected, and will be subject to the same penal- ties and the same procedures and sale in case of delinquency. C. All laws a�ld ordinances applicable to tl�e levy, collection and enforcernent of city propeifi benefit assessments shall be applicable to such special assessments. (Ord. 3666 � 2, 1995) 8.80.210 Repayment of repair and demolition fund. All money recovered by payment of any charge or assessment, or from the sale of property at fc as a i•esult of enforcement action pi•ovided for herei�l, shaU be �aid to the finance director, who sha proceeds to tl�e repair and demolitioti fund established pursuant to Section 15.24.060 of the Baker� Municipal Code. (Ord. 3666 § 2, 1995) 8.80.220 Civil violations—Injunctions and civil penalties. A. In addition to any other remedy provided by this code, any provision of this code may be Chapter 8.80 ABATEMENT OF PUBLIC NUISANCES 1995) 8.80.230 Treble damages for subsequent abatement judgments. Pursuant to Califo�-�iia Gove►-��ment Code Section 38773.7, upon the entry of a second or subsec criminal jud�ment within a two-year period that finds an owner of property t•esponsible Cor a cond be abated in accordance with Califo�-�iia Governtnent Code Seciion 38773.5, a cow�t may order the h•eble the costs uf the abatement. These costs shall not include conditions abated pursuant to Sectic the California 1-lealtla and Safety Code. (Ocd. 3666 � 2, 1995) 8.80.240 Criminal violations—Misdemeanors and infractions. It sliall be unlawful for any person to violate any provision or to fail to comply witli any of the � ofi this code. A violation of any af the provisions or failing to comply with any of the mandatory re tl�is cade sliall constitute a misdemeanor; except that notwithstanding any other provisions of'this � violation constituting a misdemeanor under tliis code may, in tlie disci•etion of tfie city attorney, be prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions af this c provision is otherwise herein made, shall be ��mishable by a tine of not more than one thousand dc impi•isonment in the county jail for a period of not more ihan six months or by both fine and impi•i; person convicted of an infraction under the provisions of this code, unless provisions is otherwise shall be punishable by fine only as follows: Upon a first conviction, by a tine of not exceeding twc dollars and for a second conviction or any subsequent conviction within a period of one year, by a exceeding five hundred dollars. Each such person shall be charged with a separate off'ense for each and eveiy day during any pc any violatio►� of aiiy provision of tl�is code is comrnitted, continued or permitted by such person an conviction, be punished accordingly. (Ord. 3666 § 2, 1995) View the mobile versioil. MEMORANDUM CITY ATTORNEY May 14, 2015 TO: LEGISLATIVE AND LITIGATION COMMITTEE Terry Maxwell, Chair Jacquie Sullivan Chris Parlier /� FROM: VIRGINIA GENNARO, CITY ATTORN Y l ��'Y THOMAS GEDDES, ASSOCIATE CITY ATTORNEY �/'!� SUBJECT: UPDATE ON "BATH SALTS" AND "SPICE" ORDINANCES FACTS: At the Legislation and Litigation Committee meeting on March � the City Attorney's Office presented a memo and PowerPoint addressir developments concerning "Bath Salts" and "Spice." Included in the Pov was a survey of municipalities with ordinances banning these "Bath Sa "Spice." The following memo provides a summary of these ordinances. SURVEY RESULTS: The City Attorney's Office contacted the cities in the si well as the law enforcement agencies tasked to enforce these ordina majority of these ordinances were passed between 201 1 and Novembei response to national media coverage, law enforcement awarene concerned parents in the community. Many cities do not have the resources to test "Bath Salts" and "Spic standardized drug tests. In addition, the chemical compounds o substances continue to change and such tests are prohibitively expensi� result, it is difficult to obtain convictions for individuals who are un influence and in possession of these drugs. Therefore, a majority of tr surveyed cite users for Penal Code § 647(f), which is a misdemec individuals under the influence or impaired by drugs. This is an effective combat these drugs without the need to perform uncertain and expensi tests. A . _ _ _ . . _ . ' 1. . _ I 1 t _ _ _ • 1 • . _ t � � . Legislative and Litigation Committee Bath Salts & Spice Ordinance Survey May 14, 2015 Page 2 sell these drugs. All of the surveyed ordinances that prohibit sales of "Ba and "Spice" have similar language allowing the cities to seize the drugs � suspend or revoke business licenses. Cities such as Paso Robles and St. actively engage local retailers, informing them of the dangers of "Ba and "Spice" and warning them not to sell these products. As a resu cities usualty see approximately five to six cases of possession crimes a yE Other cities, including the City of Bakersfield, perform undercover operc purchase these drugs from retailers. Currently, under Health and Safe� sections 11375.5 and 11357.5, it is illegal to sell these substances. The Bakersfield has been successful in these sting operations to the point wl sales of "Bath Salts" and "Spice" at smoke shops and tobacco stor� significantly decreased. Based upon the total reduction of "Bath Salts" and "Spice" cases, Tular to have had the most success. Representatives of the Tulare Police De� report arrests for possession decreased roughly 80% since the ordinar enacted. Tulare's effectiveness in combating these drugs is due in IargE significant community outreach. Officers routinely speak to communit� and attend meetings to discuss the dangers posed by consumption � drugs. CONCLUSION: Currently, it is illegal to sell or distribute "Bath Salts" and Effective January 1, 2016, Health and Safety Code sections 1 1375.5 and will make possession of "Bath Salts" and "Spice" a crime. In add discussed at the Legislative and Litigation Committee, an emergency SE may be enacted which clarifies criminal penalties for "Bath Salts" and ` If the Committee desires an additional enforcement tool prior to the E date of State legislation, the City Attorney's Office can draft an ordinar bans personal possession of "Bath Salts" and "Spice" and further i penalties for commercial sales of these substances. A sample will be K to the Committee at the meeting. TG:Isc The following presentation was made at the Regular Meeting of the Legislative and Litigation Committe on Monday, May 18, 2015 4 � -T � ) � t i , ��. � __ } 'F � � �,, .� �a; �• ' �' � , .. ��' �,- '+, '� � I p e I' , ; • I 1 s � �y�-� ,� - _"�- -- 1�f 1� .� �� ! 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Checklist 7 Day Notice Re- inspection Send 2"" Notice (70 Day to Hearing) I, I, Comply Case closed Comply Case closed Hearing Create a Case 'I � � �� - �' I �< � � �� (� � �,' f� �� ;, � � i �/ �,� . �, ( -� I ' - ' I � _ - I '� .� �: �l'� _ � � f�,. � �� 1, ; r, 1' �� r ,� ,� �, � � �' -� II �� . r� , ; i ,• .�' � �T � i. �� r �� r � � � I � �fi �'''� �� 1N� I � � :. �':,i�'� ,`� �;i�,s,�,�,,�:�. 4�°.� .... ,.� .� .:�:s � �! - � ^ � - � � ..,, � ' .i.,. a� �,. � , * � �.� '�' � ��•' , , '�►�- � �� . � G ` r � ��,�� 1 ��.� � � � � ,,, �IM�iita�i t} i 1 � � � � �` � 1 .__ .f--- .. '.-.� � �y r-,.3. � �. :,r � s�r , ��! .�.� � -�, , .i-.�,3i� _ ,..��;` ,.'_'�.,,,� I�', �� '`� ' �.1. ---,.� . �. � - ;. 'A „�. i � i� � � �� i �� — ��s .. ��`�0�� 0�� _ _ � �� ,�, � ""�_ '_ I � � . .► , . r r►a►�►1►1►� ►11 i1 ,$,��.s�� t��Il � 1, �l ,' `i. i '� _•I / /„/ /'' / "�,' L � � -- y.. 1 1 ■�■ �'�