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Home My WebLink AboutORD NO 4893ORDINANCE NO. 4 8 9 3 AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 1.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VIOLATION - PENALTY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 1.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 1.40.010 Violation — Penalty. A. Unless otherwise expressly provided in this code, a violation of any provision of this code, or a failure to comply with any of the mandatory requirements of this code, or counseling, aiding or abetting a violation or failure to comply shall be punishable as an infraction or misdemeanor or an administrative citation pursuant to Bakersfield Municipal Code Section 1.40.020. Any person or entity convicted of an infraction under this code where punishment is not otherwise provided in this code, shall be punished by a fine not exceeding fifty dollars for a first violation, one hundred dollars for a second violation within one year, and two hundred fifty dollars for each additional violation within one year. Any person or entity convicted of a misdemeanor under this code where punishment is not otherwise provided in this code, shall be punished by a fine of not more than one thousand dollars or as specified by state law, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. Each such person or entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person or entity and shall be punished accordingly. B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day such condition continues shall be deemed a new and separate offense. This code may also be enforced by injunction issued out of oFg"KF9J T > m - Page 1 of 5 Pages -- T o ORIGINAL the superior court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof. As part of a civil action filed under this section, a court may assess a maximum civil penalty of one thousand dollars ($1,000) per violation for each day during which any person commits, continues, allows or maintains said violation(s). C. The city of Bakersfield shall be entitled to restitution for all expenses incurred enforcing the provisions of this code against any person or entity in violation thereof. 1.40.020 Administrative citation. A. Whenever an enforcement officer charged with the administrative enforcement of the Bakersfield Municipal Code 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. 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; 3. The section(s) of the code violated and a description of the violation; 4. The amount of the fine and how to pay it; 5. A description of the administrative citation review process; 6. 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. D. The city may collect any past due administrative citation fine by use of all available legal means. 1.40.030 Administrative fines. A. Each violation of the Bakersfield Municipal Code shall be subject to a one thousand dollar fine. o``BAKF9r — Page 2 of 5 Pages -- m ORIGINAL B. Any administrative citation fine, or portion thereof, 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. 1.40.040 Administrative citation review process. 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. A. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance. B. 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. C. 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. D. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation. E. 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. F. 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. G. 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. H. 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. o``0AKF9N T -- Page 3 of 5 Pages -- o ORIGINAL 1.40.050 Administrative hearing officer. The city manager shall designate the hearing officer for all appeal hearings. A. 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. B. 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. C. If the hearing officer determines that the administrative citation should be upheld, the hearing officer may decrease the fine amount. The appellant must pay the city any increased amount within thirty days of receiving the decision of the hearing officer. D. If the hearing officer determines that the administrative citation should be dismissed or the fine reduced, the city shall refund the appropriate amount of the deposited fine within thirty days. 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. .0 o eAKF9S m -- Page 4 of 5 Pages ORIGINAL 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 APR 19 1017 by the following vote: AYE ' COUNCILMEMBER: RIVERA, GONZALES. WEIR, SMITH, - -, SULLIVAN, PARLIER NOES: COUNCILMEMBER: IVJI%I- ABSTAIN: COUNCILMEMBER: NOnO_ ABSENT: COUNCILMEMBER: N d- APPROVED: APR 19 2017 By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By, VIRIDIA A d'ALLARDO-KINCII Associate City Attorney VGK /vlg:Isc SACOUNCIL \0rds \16- 171.10.010 Violation -Pend) .Fnl.docx C" CHRISTOPHER UERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield — Page 5 of 5 Pages -- of gAK,9m m U p ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) as. County of Kern ) CHRISTOPHER GERRY, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24th day of April • 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4893, passed by the Bakersfield City Council at a meeting held on the 19th day of April. 2017 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 1.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VIOLATION - PENALTY. CHRISTOPHER GERRY Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP ,UTY City Jerk S:\DOCUMEN W ORMSIAORORD..0