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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 m U O 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. ----- 00000 --- - --- 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: 1// ✓ ✓ ✓ ✓ ✓ ✓ 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 o``0AxF9� m � o Page 2 of 3 Pages ORIGINAL APPROVED: OCT 12 2016 I /J. IZ4021� 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 R1:vlg L\ COUNCIL \Orris \I b17\BW.08OAOarement5 PH ocx Page 3 of 3 Pages 9AKF,fl r u � 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 S: \DOCUMENTFORMS WOP.ORD.wpd