HomeMy WebLinkAboutORD NO 4868X1868
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 8.80.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
ABATEMENT OF PUBLIC NUISANCE.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 8.80.080 of the Bakersfield Municipal Code is hereby amended to
read as follows:
8.80.080 Notice to abate nuisance and order to show cause — Violations of the
California Building Code, California Plumbing Code, California Electrical Code
and /or the California Mechanical Code — Formal administrative remedy.
A. In addition to other remedies provided for by law, where
violation(s) of the California Building Code, California Plumbing Code, California
Electrical Code and /or the California 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 such 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
provide the date and time fixed for the hearing regarding the nuisance and
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.
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 gAKF
least ten days before the time fixed for the hearing. of 9N
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Page 1 of 3 Pages ORIGINAL.
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.
G. In cases involving alleged violation(s) of the California Building
Code, California Plumbing Code, California Electrical Code and /or the
California Mechanical Code, upon issuance of the notice of hearing, the
building official, depending on the severity of the violation(s), may file in the
office of the county recorder a certificate describing the property and certifying:
(i) that the building is an alleged substandard building and that (ii) the owner
has been so notified. Whenever the corrections ordered shall thereafter have
been completed, or the building has been demolished so that it no longer exists
as a substandard building on the property described in the certificate, or as a
result of the hearing and /or appeals process it is found that the building is not in
violation, the building official shall file a new certificate with the county recorder
certifying that the building has been demolished, repaired, or that the building
was found not to be substandard, whichever is appropriate.
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
OCT 12 2016 , by the following vote:
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AYES: COUNCILMEMBEIR RIVERA, MA%WELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
COUNCILMEMBER: NIY`u
ABSTAIN: COUNCILMEMBER :. ntlY'C
ABSENT. COUNCILMEMBER: IV \,a
ROBERTA GAFFORD, C
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
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Page 2 of 3 Pages ORIGINAL
APPROVED: OCT 12 2016
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By:
HAR Y L. HALL, Ma r
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: -/Z1
RICHARD IGER
Deputy City Attorney
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Page 3 of 3 Pages
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 14th day of October. 2016 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4868, passed by the
Bakersfield City Council at a meeting held on the 12th daV of October. 2016 and
entitled:
AN ORDINANCE AMENDING SECTION 8.80.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENT OF
PUBLIC NUISANCE.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:_
D�Pt1TY City Clerk
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