HomeMy WebLinkAboutORD NO 4924ORDINANCE NO. 4 9 2 4
AN ORDINANCE AMENDING CHAPTER 17 SECTION
17.72.010 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ZONING ENFORCEMENT
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17 Section 17.72.010 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 17.72.010 Designated.
A. It shall be the duty of the Code Enforcement Division, Fire
Department, and /or Police Department to enforce this title as set forth herein.
Pursuant to the provisions of California Penal Code Section 836.5, any officer or
employee of the building department of the city holding the position of Building
Inspector III or higher may enforce the provisions of Title 17 of the Bakersfield
Municipal Code and Chapter 2, Part 3, Division 13 of the California Health and
Safety Code (Sections 19100 et seq.) and may arrest a person without a warrant
whenever that officer or employee has reasonable cause to believe that the
person to be arrested has committed a misdemeanor in his or her presence
which is a violation of any law which he or she has the duty to enforce. All
departments, officials and public employees of the city, vested with the duty or
authority to issue permits or licenses, shall conform to the provisions of this title
and shall issue no permit or license for uses, buildings or purposes in conflict with
the provisions of this title; and any such permit or license issued in conflict with
the provisions of this title shall be null and void.
B. The provisions of this title shall be interpreted and administered by
the planning commission whose inspectors or authorized representatives shall
have the right to enter upon any premises affected by this title for purposes of
inspection.
C. Any building or structure erected or maintained, or any use of
property, contrary to the provisions of this title shall be and the some is unlawful
and a public nuisance and the city attorney shall immediately commence
actions and proceedings for the abatement, removal and enjoinment thereof,
in the manner provided by law; and shall take such other steps, and shall apply
to any court as may have jurisdiction to grant such relief as will abate or remove
such building, structure or use and restrain and enjoin any person, firm or
corporation from erecting or maintaining such building or structure, or using any
property contrary to the provisions of this title.
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D. This title may also be enforced by injunction issued out of 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 of
this code.
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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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
DEC 13 7017 by the following vote:
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VE COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN. SULLIVAN, EARLIER
NOES: COUNCILMEMBER. Nvr`�
ABSTAIN: COUNCILMEMBER: "Ofla-
ABSENT: COUNCILMEMBER. tllz 2 (n/ ey.,
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CHRISTOPHE GERRY
ACTING CITY CLERK and Ex Officio Clerk of
APPROVED: DEC 13 7017 Council of the City of Bakersfield
By: .�
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
VIRIDIAN GALLARDO -KING
Associate City Attorney
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Page 2 of 2 Pages
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 20th day of December. 2017 he posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4924, passed by the
Bakersfield City Council at a meeting held on the 13th day of December, 2017 and
entitled:
AN ORDINANCE AMENDING CHAPTER 17 SECTION
17.72.010 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ZONING ENFORCEMENT.
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP LM City Jerk
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