Loading...
HomeMy WebLinkAboutORD NO 3666ORDINANCE NO. 3 6 6 6 AN ORDINANCE REPEALING CHAPTER 8.80 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES AND ADDING A NEW CHAPTER 8.80 THERETO. WHEREAS, the City Council of the City of Bakersfield desires the City to be maintained in such a manner so as to protect the health and safety of all its residents; and WHEREAS, a legislative body may provide for the summary abatement of any nuisance at the expense of the person creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement a lien against the property on which it is maintained, and a personal obligation against the property owner. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.80 of the Bakersfield Municipal Code relating to the abatement of public nuisances is hereby repealed. SECTION 2. A new Chapter 8.80 of the Bakersfield Municipal Code is added to read as follows: ABATEMENT OF PUBLIC NUISANCES Sections: 8.80.010 8.80.020 8.80.030 8.80.040 8.80.050 8.80.060 8.80.070 8.80.080 Duty of property owner to abate. General enforcement authority. Authority to inspect. Power to arrest. Summary abatement of public nuisance. Notice(s) of violation and correction orders -- Informal Administrative Remedy. Notice to abate nuisance and order to show cause -- General -- Formal Administrative Remedy. Notice to abate nuisance and order to show cause -- violations of the Uniform Building Code, Uniform Plumbing Code, National Electrical Code and/or Uniform Mechanical Code -- Formal Administrative Remedy. 8.80.0~ 8.80.100 8.80.110 8.80.120 8.80.130 8.80.140 8.80.150 8.80.160 8.80.170 8.80.180 8.80.190 8.80.200 8.80.210 8.80.220 8.80.230 8.80.240 Notice to abate nuisance and order to show cause -- violations of the Uniform Housing Code and/or Uniform Code for the Abatement of Dangerous Buildings -- Formal Administrative Remedy. Hearing. Order after hearing -- General. Resolution and order after hearing -- Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings. Abatement by owner. Report and assessment list -- Contents and filing. Report and assessment list -- Notice of filing. Hearing and confirmation. Payments to finance director. Recording of lien. Collection of assessments w Writ of Execution Non-Judicial foreclosure. Collection of assessments m Placement on tax roll. Repayment of repair and demolition fund. Civil violations -- Injunctions and civil penalties. Treble damages for subsequent abatement judgments. Criminal violations - Misdemeanors and infractions. 8.80.010 Duty of orooertv 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 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. The word "street" as used in this section shall be deemed to include the sidewalk space thereof. C. 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. D. All bills for the charges set forth in subsection C. 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. 2 8.80.020 General enforcement authority. Code Enforcement Officers have the authority and powers necessary to gain compliance with the provisions of the Bakersfield Municipal Code and applicable state codes. For purposes of this chapter the term "Code Enforcement Officer" shall include building inspectors where applicable. These powers include the power to issue Notices of Violations, Correction Orders, field citations and to inspect public or private property and to use whatever judicial and administrative remedies provided under the Bakersfield Municipal Code or applicable state law. 8.80.030 Authority to inspect. Code Enforcement Officers are authorized to enter upon any property or premises to ascertain whether the provisions of the Bakersfield Municipal Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the Code Enforcement Officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Section 1822.50 through 1822.59. 8.80.040 Power to arrest. Code Enforcement Officers are authorized to arrest without a warrant any person whenever there is reasonable cause to believe that the person has committed a violation of the Bakersfield Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5, Code Enforcement Officers can only arrest a person by issuing a misdemeanor field citation in the manner set forth in Penal Code Section 853.6. 8.80.050 Summary abatement of public nuisance. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be deemed a new and separate offense. 3 8.80.060 Notice(s) of violation and correction orders -- Informal Administrative Remedy. A. Notice of Violation Where a Code Enforcement Officer determines that informal resolution of a violation or purported violation of the Bakersfield Municipal Code is appropriate, the Code Enforcement Officer shall notify the property owner that a public nuisance is alleged to exist upon the owner's property. Such notice shall require the property owner to respond to the allegation within seven (7) days of the date of the notice. Should the property owner fail to respond to such notice, the Code Enforcement Officer shall notify the property owner that an inspection will be made to verify the alleged code violation. Such notice shall inform the property owner that if a violation of the Bakersfield Municipal Code is confirmed to exist, the cost of inspection shall be charged to the property or made a lien on the property in addition to other costs necessary to abate the public nuisance as provided in this chapter. B. Correction Order Where a Code Enforcement Officer issues a correction order pursuant to the Uniform Housing Code, the Uniform Building Code, the National Electrical Code, Uniform Plumbing Code and/or the Uniform Mechanical Code, the property owner shall correct the violation in a manner set forth in the order within a reasonable time to be determined by the Code Enforcement Officer. The order shall notify the property owner that if, upon reinspection, the violation continues to exist, the cost to reinspect said violation, in addition to any further reinspection costs shall be charged to the property owner or made a lien on the property in addition to other costs necessary to abate the public nuisance as provided in this chapter. Co Substantial Endangerment to Health and Safety of Occupants or Public Should a Code Enforcement Officer determine that a violation of any of the provisions set forth in subsection A. and/or B. above are so extensive and of such a nature that the health and safety of the occupants or the public is substantially endangered, a notice or order to repair may be issued. The notice or order shall provide for a reasonable time period to repair the violation not to exceed seven (7) days. Should the owner fail to repair within the time stated in the notice or order, the City may seek all remedies provided for by law including those set forth in Health and Safety Code Section 17980.7 and may, thereafter, order the property to be vacated, secured and maintained against entry. 4 D. Imminent Threat to Health and Safety of Residents or Public If the Code Enforcement Officer determines that a building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the occupants or the public, it shall be ordered to be vacated, secured and maintained against entry. E. Posting of Property Ordered to be Vacated Every property ordered to be vacated shall be posted at or upon each exit of the building and shall be substantially in the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. CITY OF BAKERSFIELD CODE ENFORCEMENT DIVISION F. Compliance with Order to Vacate Where a property has been posted and ordered to be vacated as set forth in this section, notice of such vacation shall be provided to the property owner. No person shall remain in or enter any building which has been posted, except that entry may be made to repair, demolish or remove such building where any required permit to do so has been acquired. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued. Any person violating this subsection shall be guilty of a misdemeanor. 8.80.070 Notice to abate nuisance and order to show cause w General -- Formal Administrative Remedy. A. Except as provided for in Sections 8.80.080 and 8.80.090, where violation(s) of the Bakersfield Municipal Code cannot be resolved through the informal remedies provided for in this Chapter, or when a Code Enforcement Officer determines that a violation of the Bakersfield Municipal Code poses a serious threat to the general health, safety or welfare of the citizens of the City, or is otherwise not subject to resolution through the informal remedies set forth in this Chapter, the Code Enforcement Official shall provide notice of the violation requiring its abatement as provided in this section. 5 B. The Code Enforcement Officer shall cause to be mailed, with proof of service, a copy of the Notice to Abate Public Nuisance and Order to Show Cause to the owner of real property on which a nuisance exists. C. If the name and address of such owner does not appear on the assessment roll or is not otherwise known, a copy of such notice shall be conspicuously posted on the property 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 the time fixed for the hearing. F. The failure of any property owner or other party entitled to notice under this chapter to receive such notice shall not deprive the City of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment or personal obligation levied under this chapter. 8.80.080 Notice to abate nuisance and order to show cause -- violations of the Uniform Building Code. Uniform Plumbing Code. National Electrical Code and/or the Uniform Mechanical Code -- Formal Administrative Remedy. A. In addition to other remedies provided for by law, where violation(s) of the Uniform Building Code, Uniform Plumbing Code, National Electrical Code and/or the Uniform Mechanical Code cannot be resolved through the informal remedies provided for in this chapter, or when a Code Enforcement Officer determines that a violation of said codes poses a serious threat to the general health, safety or welfare of the citizens of the city, or is otherwise not subject to resolution through the informal remedies set forth in this chapter, the Code Enforcement Officer shall provide notice of the violation requiring its abatement as provided in this section. B. The Code Enforcement Officer shall cause to be mailed, with proof of service, a copy of the Notice to Abate Public Nuisance and Order to Show Cause to the owner of real property on which a nuisance exists. Such notice shall also be provided to tenants of residential buildings where the violation affects the health and safety of the occupants and which violates Section 1941.1 of the California Civil Code. C. If the name and address of such owner does not appear on the assessment roll or is not otherwise known a copy of such notice shall be conspicuously posted on the property affected. Do 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 thirty (30) days before the time fixed for the hearing. 6 F. The failure of any property owner to receive such notice shall not deprive the City of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment or personal obligation levied under this chapter. 8.80.090 Notice to abate nuisance and order to show cause -- violations of the Uniform Housing Code and/or Uniform Code for the Abatement of Dangerous Buildlints m Formal Administrative Remedy. A. In addition to other remedies provided for by law, where violation(s) of the Uniform Housing Code and/or Uniform Code for the Abatement of Dangerous Buildings cannot be resolved through the informal remedies provided for in this chapter, or when a Code Enforcement Officer determines that a violation of said codes poses a serious threat to the general health, safety or welfare of the citizens of the city, or is otherwise not subject to resolution through the informal remedies set forth in this chapter, the Code Enforcement Officer shall provide notice of the violation requiring its abatement as provided in this section. Such notice shall also be provided to tenants of residential buildings where the violation affects the health and safety of the occupants and which violates Section 1941.1 of the California Civil Code. B. The Code Enforcement Officer shall cause to be mailed by registered or certified mail, postage prepaid, return receipt requested, with proof of service, a copy of the Notice to Abate Public Nuisance to the owner of real property on which the nuisance exists and any mortgage or beneficiary under any deed of trust of record, ordering that the building be vacated and stating that proceedings to correct the violation by demolition, closing or repair, at the option of the owner, shall commence within thirty (30) days of the date of the notice. If, in the opinion of the Code Enforcement Officer, the building can be repaired, the notice shall state the required repairs. A copy of the notice shall also be conspicuously posted on the building containing the alleged violation(s). C. If the owner fails to take steps to abate the nuisance within the 30- day time period, the mortgagee or beneficiary under any deed of trust may abate the nuisance within fifteen (15) days after the expiration of the 30-day period stated in subsection B. D. If the mortgagee or beneficiary under any deed of trust fails to abate the nuisance within the time period allowed under subsection C. then the Code Enforcement Officer shall cause to be mailed, with proof of service, a copy of the Notice to Abate Public Nuisance and Order to Show Cause to the owner and each mortgagee or beneficiary under any deed of trust of record in the same manner as required in subsection B. E. The mailing of the notice provided for in subsection D. shall be completed at least ten (10) days before the time fixed for the hearing. 7 F. The failure of any property owner or mortgagee or beneficiary of deed of trust of record, to receive such notice shall not deprive the City of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment or personal obligation levied under this chapter. 8.80.100 Hearing. A. Where a notice to abate nuisance and order to show cause has been issued under this chapter, the department head/director designated by the City Manager, or in the case of violations of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings, the Board of Building Appeals, shall hold a hearing at the time and place designated in the notice to abate and shall receive all evidence presented on the issue of the need and necessity to abate any and all nuisances for which notice was given. B. The department head/director, or the Board of Building Appeals, as the case may be, shall act in the capacity of administrative hearing officer(s) ("hearing officer(s)" hereafter) and shall have the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision upon the existence of a nuisance or nuisances and the necessity to abate such. All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a nuisance and the necessity to abate. C. The burden shall be upon the City of Bakersfield to show the existence of any and all nuisances as noticed, and the necessity to abate such, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in reaching a decision. recorded. transcript. D. The hearing officer(s) shall cause minutes of the hearing to be tape Transcripts may be created at the expense of the person requesting the 8.80.110 Order after hearina -- General. A. Except as provided in Section 8.80.120, after the conclusion of the hearing, the hearing officer(s) shall render a decision within five (5) working days on the existence of a nuisance and the necessity to abate. If said nuisance is not found to exist, or if the necessity to abate is not found to exist, the hearing officer(s) shall so notify all persons in writing who originally received notice; or, if said nuisance is found to exist and if the necessity to abate is also found, shall issue a written notice and order directing the nuisance to be abated and shall cause such notice and order to be mailed to all persons originally receiving notice or shall cause such notice and order to be posted as set forth in this chapter. 8 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 Council of the City of Bakersfield by filing a written request to appeal with the City Clerk within ten (10) 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. 8.80.120 Resolution and order after hearim~ -- Uniform Housin~ Code and Uniform Code for the Abatement of Dangerous Buiidlm~s. A. Any resolution and order issued for the abatement of nuisances under the Uniform Housing Code and/or the Uniform Code for the Abatement of Dangerous Buildings, shall state that the owner of the substandard or dangerous building may abate the nuisance within thirty (30) days from the posting on the premises of a copy of the resolution of the Board of Building Appeals declaring the property a nuisance. The order shall also be mailed to the property owner and each mortgagee or beneficiary under any deed of trust, certified mail, postage prepaid, return receipt requested, with proof of service. B. Any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the Board of Building Appeals in ordering abatement of any nuisance, must bring an action in a court of competent jurisdiction within thirty (30) days after the date of posting on said premises a notice of the passage of the resolution to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived. C. Thirty (30) days after the posting of the copies of the resolution declaring any building a nuisance, the City shall be deemed to have acquired jurisdiction to abate such nuisance by repairing, securing against entry, razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof as may be granted by the Board of Building Appeals. In the event that the nuisance is not abated within the time prescribed, the City may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision. 8.80.130 Abatement bv owner. A. Any owner of real property on which public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the City or its contractors to do the work; provided in all cases the work shall be done to the satisfaction of the City. 9 B. It is unlawful for any property owner or other person to burn, or attempt to burn any weeds, debris, or waste matter without first obtaining written permission to do so from the chief of the fire department of the city. Any person or entity who violates this section shall be guilty of a misdemeanor. 8.80.140 Revort and assessment list -- Contents and filino. A. When the work to abate a nuisance is done or caused to be done by the Chief Code Enforcement Officer, he shall keep an account of the cost of abating such nuisances, including an administrative charge to be determined and apportioned by him upon each separate lot or parcel of land. B. The Chief Code Enforcement Officer shall include the account in a report and assessment list to the City Council, which he shall file with the City Clerk. C. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge of all applicable city departments. 8.80.150 Reoort 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 bulletin board near the council chambers 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 council for confirmation, at least ten (10) days before the date fixed therein. B. The Chief Code Enforcement Officer shall also mail, and/or post copies, as the case may be, of the notice to all the owners of property and any mortgagee or beneficiary under any deed of trust where violations of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings exist, as the case may be, on which such a nuisance was abated for the time, and in the manner, and with like effect, as provided in Section 8.80.070, 8.80.080 and 8.80.090 for mailing and posting notices to abate. 8,80.160 Hearina 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 Council at said time and place and be heard. B. At the hearing, the City Council may amend, alter, modify or correct the assessment in such manner as to them shall seem just, and may require the revision or correction to be completed according to their directions. 10 C. All of the decisions and determinations of said city council, upon notice and hearing as mentioned in this chapter, shall be final and conclusive. D. Said assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid or foreclosed as provided for herein. E. All such assessments remaining unpaid thirty (30) 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 also to collect its reasonable costs. 8.80.170 Payments to finance director. Any property owner may pay the amount assessed against said property at the office of the finance director at City Hall, 1501 Truxtun Avenue, Bakersfield, California, and the lien thereof against the property affected shall be released. However, where the City chooses to place assessments confirmed under this chapter on the property tax roll for collection, the property owner must pay the assessment prior to 5:00 p.m. on June 30th, following completion of the work. 8.80.180 Recordina of lien. A. Unless the amount assessed has been paid within ten (10) days of city council action confirming the same, the Chief Code Enforcement Officer shall cause to be filed in the office of the recorder of the county of Kern a Notice of Lien. B. From and after the date of the recording of the Notice of Lien in the Office of the Recorder of the County of Kern, as in this section provided, all persons shall be deemed to have full notice thereof. 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 in California Government Code Section 38773.1. B. Where the City elects to pursue such remedy, the Code Enforcement Officer shall, prior to recording, serve a Notice of Lien on property owner upon which the nuisance exists. C. Service required under this subsection shall be made as required under Code of Civil Procedure Section 415.10 et seq. However, if the owner of record, after diligent search cannot be found, the Notice of Lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Kern County pursuant to Government Code Section 6062. 11 8.80.200 Collection of assessments -- Placement on tax roll. A. On each June 30th after completion of work and levying of assessments therefore, the Chief Code Enforcement Officer may cause the amounts of said assessments, along with all accrued administrative service charges and interest, remaining unpaid against the respective lots or parcels of land to be entered and extended on the property tax roll, and pursuant to law, the county tax collector shall include the sum of the tax bills applicable to such property. B. Thereafter said amounts may be collected at the same time and in the same manner as general ad valorem taxes are collected, and will be subject to the same penalties and the same procedures and sale in case of delinquency. C. All laws and ordinances applicable to the levy, collection and enforcement of City property taxes and benefit assessments shall be applicable to such special assessments. 8.80.210 Repayment of reoair and demolition fund. All money recovered by payment of any charge or assessment, or from the sale of property at foreclosure sale as a result of enforcement action provided for herein, shall be paid to the finance director, who shall credit the proceeds to the repair and demolition fund established pursuant to Section 15.24.060 of the Bakersfield Municipal Code. 8.80.220 Civil violations -- Injunctions and civil oenalties. A. In addition to any other remedy provided by this Code, any provision of this Code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Bakersfield. B. As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of two thousand five hundred dollars ($2500) per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Code. C. As part of any court action, the City has the authority to require any person to post a performance bond to ensure compliance with the Municipal Code, applicable state codes or any judicial action. 8.80.230 Treble damages for subsequent abatement judgments. Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code. 12 8.80.240 Criminal violations -- Misdemeanors and infractions. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1000) or by imprisonment in the County Jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500). Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. SECTION 3. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 13 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 AtIG 0 9 ~, by the following vote: AYES: COUNCILMEMBER DeMON'D, CARSON, SMITH, McDEI~OTT, ROWLES, SULLIVAN, SALV;~GGIO NOES: COUNCILMEMBER /~ On / ABSTAIN: COUNCILMEMBER /~ tTW~ ANss~r: COUNCT~m~ ~d O~[ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 0 9 ~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY IC SKOUSEN CITY ATTORNEY CH:kdm nuis.ord July 28, 1995 14 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) CAROL WILLIAMS, 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 August, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3666, passed by the Bakersfield City Council at a meeting held on the 9th day of August, 1995, and entitled: AN ORDINANCE REPEALING CHAPTER 8.80 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES AND ADDING A NEW CHAPTER 8.80 THERETO By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield