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.,,
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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.
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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
MAR 0 2 2016 , by the following vote:
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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
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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
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