HomeMy WebLinkAboutORD NO 4830ORDINANCE NO. 4830
AN EMERGENCY ORDINANCE AMENDING CHAPTER
14.02 TO THE BAKERSFIELD MUNICIPAL CODE RELATING
TO REGULATIONS FOR URBAN WATER CONSERVATION TO
LIMIT IRRIGATION OF TURF AND LANDSCAPES.
WHEREAS, on January 17, 2014, the Governor of California declared a
State of Emergency to exist due to the ongoing severe drought conditions; and
WHEREAS, the continuation of the drought has led the Governor to issue
multiple executive orders, culminating with his April 1, 2015 executive order
which tasked the State Water Resources Control Board with imposing restrictions
to achieve a statewide 25% reduction in potable urban water usage through
February 28, 2016; and
WHEREAS, on April 22, 2015, city adopted Ordinance No. 4804, which
enacted regulations on water use and limited the irrigation of outdoor
landscaping to three days per week in order to comply with the state
mandates;
WHEREAS, on May 5, 2015, the State Water Resources Control Board
adopted an emergency regulation to address the Governor's April 1 executive
order; and
WHEREAS, the emergency regulation assigned each urban water supplier
a conservation standard, and city's domestic water system was given a
conservation standard of 36 %; and
WHEREAS, despite the adoption of the Ordinance No. 4804, city narrowly
missed its 36% reduction target by 2% in June and 4% in July, and city now must
take additional steps to reach the reduction target going forward; and
WHEREAS, this Emergency Ordinance will give city an additional
enforcement tool to use against water users that are not complying with city's
water use regulations by creating an administrative citation process; and
WHEREAS, this Emergency Ordinance is necessary for the immediate
preservation of the public health, peace, property, or safety.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
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ORIGINAL
SECTION 1.
Section 14.02 of the Bakersfield Municipal Code is hereby amended to
read as follows:
14.02 WATER USE REGULATIONS.
14.02.010 Outside irrigation restrictions.
14.02.020 Penalty.
14.02.030 Administrative citations.
14.02.035 Administrative fines.
14.02.040 Administrative citation review process.
14.02.045 Administrative hearing officer.
14.02.010 Outside irrigation restrictions.
A. In addition to the rules and regulations promulgated by the State
Water Resources Control Board relative to water usage, outside irrigation of
ornamental landscapes or turf with potable water is allowed by water users a
maximum of three days per week as follows:
1. Water users with EVEN addresses may water on Sunday,
Wednesday, and Friday only.
2. Water users with ODD addresses may water on Tuesday,
Thursday, and Saturday only.
3. All outside irrigation is prohibited on Mondays.
B. Outside irrigation in a manner that causes water to flow onto
adjacent property, non - irrigated areas, sidewalks, and /or gutters is strictly
prohibited.
C. Outside irrigation is advised to be done after six p.m. and before
nine a.m. for optimal efficiency.
D. In addition to the above, commercial, industrial, and institutional
properties, such as campuses, golf courses, and cemeteries, shall immediately
implement water efficiency measures to reduce potable water usage in an
amount consistent with the reduction targets of the State Water Resources
Control Board as amended from time to time.
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ORIGINAL
14.02.020 Penalty.
Failure to comply with these regulations may be punishable as an
infraction, or misdemeanor pursuant to Bakersfield Municipal Code Section
1.40.010, an administrative citation pursuant to Bakersfield Municipal Code
Section 14.02.030, or any other available remedies allowed by law.
14.02.030 Administrative citation.
A. Whenever an enforcement officer charged with the enforcement
of this chapter determines that a violation of a provision has occurred, the
enforcement officer shall have the authority to issue an administrative citation to
any person responsible for the violation. Said enforcement officer shall be a
trained employee from the city's water department.
B. Each administrative citation shall contain the following
information:
1. The date of the violation or, if the date of the violation is
unknown, then the date the violation is identified;
2. The address or a definite description of the location where
the violation occurred;
violation;
3. The section of the code violated and a description of the
4. The amount of the fine and how to pay it;
5. A description of the administrative citation review process;
6. An order prohibiting the continuation or repeated
occurrence of the code violation described in the administrative citation; and
The name and signature of the citing enforcement officer.
C. The fine shall be paid to city within thirty days from the date of the
administrative citation; payment of a fine under this section shall not excuse or
discharge any continuation or repeated occurrence of the code violation
that is the subject of the administrative citation.
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ORIGINAL
D. City may collect any past due administrative citation fine by use
of all available legal means.
14.02.035 Administrative fines.
A. The fines for violation of this chapter shall be as follows:
1. $50 for the first offense, $150 for the second offense, and
$250 to $1,000 for each subsequent offense in a calendar year.
B. Any administrative citation fine paid pursuant to subsection A.
shall be refunded if it is determined, after a hearing, that the person charged
in the administrative citation was not responsible for the violation or that there
was no violation as charged in the administrative citation.
14.02.040. Administrative citation review process.
A. Any recipient of an administrative citation may appeal the citation
by completing a request for hearing form and returning it to city within thirty
days from the date of the administrative citation, together with an advance
deposit of the fine.
1. No appeal hearing to contest an administrative citation
shall be held unless the fine has been deposited in advance.
2. An appeal hearing shall be set for a date that is not less
than fifteen days and not more than sixty days from the date that the request
for hearing is filed.
3. The appellant shall be notified of the time and place set for
the hearing at least ten calendar days prior to the date of the hearing.
4. At the hearing, the appellant shall have the opportunity to
testify and to present evidence concerning the administrative citation.
5. The failure of the appellant to appear at the appeal hearing
shall constitute a forfeiture of the fine and a failure to exhaust their
administrative remedies.
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6. The administrative citation and any additional report
submitted by the enforcement officer shall constitute prima facie evidence of
the respective facts contained in those documents.
7. The hearing officer may continue the hearing and /or
request additional information from the enforcement officer or the recipient of
the administrative citation prior to issuing a written decision.
8. Any person aggrieved by an administrative decision of a
hearing officer on an administrative citation appeal may obtain review of the
administrative decision by filing a petition for review with the Kern County
Superior Court in accordance with the timelines and provisions set forth in
California Government Code Section 53069.4.
14.020.045 Administrative hearing officer.
A. The city manager shall designate the hearing officer for the
appeal hearing.
1. After considering all of the testimony and evidence
submitted at the appeal hearing, the hearing officer shall issue a written
decision to uphold or dismiss the administrative citation and shall list in the
decision the reasons for that decision. The decision of the hearing officer shall
be final.
2. If the hearing officer determines that the administrative
citation should be upheld, the hearing officer may increase or decrease the
fine amount. The appellant must pay city any increased amount within thirty
days of receiving the decision of the hearing officer.
3. If the hearing officer determines that the administrative
citation should be dismissed or the fine reduced, city shall refund the
appropriate amount of the deposited fine within thirty days.
4. The employment, performance evaluation, compensation
and benefits of the hearing officer shall not be directly or indirectly
conditioned upon the amount of administrative citation fines upheld by the
hearing officer.
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ORIGINAL
SECTION 2.
This ordinance is declared to be an emergency ordinance pursuant to
Sections 23 and 24 of the Charter of the City of Bakersfield and shall become
effective immediately upon its passage.
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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
OCT 14 2015 by the following vote:
APPROVED OCT 14 2015
I
,ROBERTA AFFORD, CMC
CITY CLERK AND EX OFFICIO of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By Z92&—
RICHARD IGEW
Deputy City Attorney
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ORIGINAL
COUNCIL MEMBER RIVERA, MAXWELL,
COUNCIL MEMBER
_ -: SM TI H, HANSON, SULLIVAN, PARLIER
ABSTAIN :
COUNCIL MEMBER CC
ABSENT:
COUNCIL MEMBER Ixfq i
APPROVED OCT 14 2015
I
,ROBERTA AFFORD, CMC
CITY CLERK AND EX OFFICIO of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By Z92&—
RICHARD IGEW
Deputy City Attorney
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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 16th day of October she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4830 passed by the
Bakersfield City Council at a meeting held on the 14th day of October, 2015 and
entitled:
AN EMERGENCY ORDINANCE AMENDING CHAPTER 14.02 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REGULATIONS FOR
URBAN WATER CONSERVATION TO LIMIT IRRIGATION OF TURF
AND LANDSCAPES.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City Clerk