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HomeMy WebLinkAboutORD NO 4844ORDINANCE NO. q 4 AN ORDINANCE AMENDING TITLE 16 CHAPTER 16.36 SUBSECTION 16.36.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO OPTIONAL DESIGN AND IMPROVEMENT STANDARDS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 16.36 subsection 16.36.020 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 16.36 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS 16.36.020 Maintenance of non - dedicated improvements — Failure unlawful. A. Where a subdivision has been approved by the advisory agency under the provisions of this chapter, full and adequate provisions acceptable to the city shall be made for the preservation and maintenance of all commonly owned land, improvements and facilities, which are not dedicated to public use, within twenty -five feet of the exterior boundaries of the project. B. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner; articles of incorporation forming a homeowner's association or some other legal entity, which shall include provisions empowering the entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of the entity to be set forth in the declaration; and bylaws setting forth rules of membership, fees and assessments; and forms of deeds incorporating the declaration by reference to its recording data. C. Prior to recordation of a final map, all documents submitted to comply with subsection A of this section must be referred to the city attorney and planning director for review and determination as to their sufficiency to accomplish their purpose. To the extent that these documents are required to be recorded by the planning director, they must be recorded prior to or concurrently with recordation of a final map. D. The owners of the individual lots shall, as a condition of ownership of said lots, be required to participate in the legal entity so formed and be responsible to said legally formed entity for the cost of performing the necessary OAKS maintenance. o`` 9J.,, ' m U O Page 1 of 2 Pages ORIGINAL E. Any failure to so maintain shall be, and the same is declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---- oo0oo ------ — 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 MAR 0 2 2016 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER COUNCILMEM SER: ABS_J�CI: COUNCILMEMER: NMI. - T: COUNCILMEMBER: �WfO- ROBERTA GAFFORD, CMOFtl CITY CLERK and EX OFFICIO Clerk of the APPROVED: MAR 0 2 1016 Council of the City of Bakersfield By: HARVEY L. HALL, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorn y By. VIRIDIANA LLARDO -KING Associate City Attorney RI:VGK:dll F0pKF9�, 5:\ COUNCIL \Q \ I SI6 \I636.DZk1BSIQtimpovBSIOrM.PoI DOCx 0 -O � m r U � Page 2 of 2 Pages Q14I0INAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) as. 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 4th day of March she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4844, passed by the Bakersfield City Council at a meeting held on the 2nd day of March. 2016 and entitled: AN ORDINANCE AMENDING TITLE 16 CHAPTER 16.36 SUBSECTION 16.36.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO OPTIONAL DESIGN AND IMPROVEMENT STANDARDS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the CiV of Bakersfield By: QjIfij DEPU Y City ClIerk SMOCUMENTIFORMSWORORD.wpd