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HomeMy WebLinkAboutORD NO 3070ORDINANCE NO. 3070 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.28 (RELATING TO WEEDS AND DEBRIS), ADDING CHAPTER 8.29 (RELATING TO LITTER CONTROL), ADDING CHAPTER 8.30 (RELATING TO DISTRIBUTION OF PRINTED MATTER TO RESIDENTIAL PROPERTIES) ADDING CHAPTER 8.31 (RELATING TO PLACEMENT OF ADVERTISING MATERIALS ON PRIVATE MOTOR VEHICLES), AND REPEALING CHAPTER 9.32 (RELATING TO ADVERTISING MATTER, SAMPLES) AND CHAPTER 12.24 (RELATING TO LOOSE MATERIAL OF THE BAKERSFIELD MUNICIPAL CODE. The Council of the City of Bakersfield does hereby ordain as follows: SECTION 1. Chapter 8.28 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.28 WEEDS AND DEBRIS Sections: 8.28.010 8.28.020 8.28.025 8.28.030 8.28.040 8.28.050 8.28.060 8.28.070 8.28.080 8.28.090 8.28.100 8.28.110 8.28.120 8.28.130 8.28.140 8.28.150 Weeds constituting a public nuisance. Waste matter constituting a public nuisance. Means of abatement-Discretion of fire chief. Duty of property owner to abate. Notice to abate-Generally. Notice to abate-Form. Notice to abate-Mailing and posting. Notice to abate-Filing affidavit with city clerk. Resolution ordering abatement work. Abatement by owner-Permit required to burn weeds or waste matter. Report and assessment list-Contents and filing. Report and assessment list-Notice of filing. Hearing and confirmation. Payments to finance director. Collection of assessments as taxes. Recording of lien. 8.28.010 Weeds constituting a public nuisance. A. All weeds which are described in this section growing upon any private property or in any public street, sidewalk or alley within the city, are declared to be abated as provided in this chapter. B. The term "weeds" includes: 1. Weed which bears seeds of a downy or wingy nature; 2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; 3. Weeds which are otherwise noxious or dangerous; 4. Poison oak and poison ivy, when the conditions of growth are such as to constitute a menace to the public health; 5. Dry grasses, stubble, brush, dead shrubs, dead trees, litter or other flammable material which endanger the public safety by creating a fire hazard. 8.28.020 Waste matter constituting a public nuisance. A. "Waste matter" means any unused or discarded matter hav- ing no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which by reason of its location and character, would materially hamper or interfere with the suppression or prevention of fire upon the premises, or the abatement of a nuisance as defined by Section 8.28.010. Such waste matter is also a public nuisance. 8.28.025 Means of abatement-Discretion of fire chief. Except as the chief of the Bakersfield city fire department or his authorized representative (herein in this chapter referred to --2-- as the "chief") determines otherwise, the abatement of each nuisance described in Section 8.28.010 and 8.28.020 shall be accomplished by the complete removal of all weeds and waste matter, as defined. The chief may, at his discretion, determine and direct that the nuisance be abated by removal of less than all such weeds and waste matter. 8.28.030 Duty of property owner to abate. A. It shall be the duty of every property owner to abate any public nuisance as described in Sections 8.28.010 and 8.28.020 upon his private property and upon the abutting half of the street and/or alley and between the sidelines thereof as extended. B. The word "street" as used in this section shall be deemed to include the sidewalk space thereof. 8.28.040 Notice to abate-Generally. Whenever any such weeds or waste matter are growing or exist- ing upon any private real property or on the abutting half of any street, sidewalk space, and/or alley within the city, it shall be the duty of the chief of the Bakersfield city fire department or his authorized representative to notify the owners of the property upon which, or in the front, side or rear of which, such weeds or waste matter are growing, or existing, and inform him that unless the nuisance is abated without delay, the work of abating such nuisance will be done by the city authorities. 8.28.050 Notice to abate-Form. The notice shall be substantially in the following form: NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.28 of the Bakersfield Municipal Code that weeds, grasses, dead shrubs and --3-- dead trees upon property owned by you and/or on the abutting half of the street, sidewalk space and/or alley, in the City of Bakersfield are a public nuisance in that they are a fire hazard and any rubble, discarded asphalt and concrete and other waste material thereon that might interfere with the abatement of the aforementioned public nuisance, are also a public nuisance. YOU ARE HEREBY NOTIFIED that said public nuisance are required to be abated within seven (7) days from the date of this notice. If not abated by destruction and removal on or before such time, the City of Bakersfield will abate the public nuisance or cause the same to be abated, in which cause the costs thereof will be assessed against the land and become a tax lien thereon as provided in Chapter 8.28 of the Bakersfield Municipal Code and will be collected on the tax roll upon which property taxes are collected. YOU ARE FURTHER NOTIFIED to appear before the City Council of said City at its meeting on , the day of , 19 , at seven o'clock p.m., in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in said Chapter. Dated: , 19 Chief of the Fire Department of the City of Bakersfield 8.28.060 Notice to abate-Mailing and posting. A. The chief shall mail a postcard copy or other copy of the notice with all blanks properly filled, to each and every owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such a nuisance exists, whose --4-- name and address appears on the latest equalized county assessment roll, or as known to the chief, mailing the copies of notices to the addresses given or as otherwise known to him. B. If the name and address of such owner does not appear on such assessment roll or is not otherwise known to him, he shall cause a copy of such notice to be conspicuously posted on the property affected. C. The notices so posted shall be substantially the same as the notices mailed. D. The mailing or posting of all the notices shall be done and completed at least ten days before the time fixed for the hearing. E. The failure of any property owner to receive such notice shall not deprive the city council of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment levied under this chapter. 8.28.070 Notice to abate-Filing affidavit with city clerk. A. Upon giving notice as mentioned in Sections 8.28.040 through 8.28.060, the chief shall make and file with the city clerk his affidavit, stating in general terms the existence of the nuisance, and declaring that in each and every case the owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such weeds are growing and/or waste matter is existing was notified to abate the nuisance, either by mailing or posting the notices as required by this chapter. B. A copy of the form of notice so mailed or posted shall be annexed to the affidavit together with a list of all properties on which such weeds and/or waste matter have been declared to be nuisance. --5-- 8.28.090 waste matter. A. 8.28.080 Resolution ordering abatement work. A. The chief shall attend the meeting of the city council at the time designated in the notice to show cause and report on any other matters desired by the city council concerning the nuisances. C. Thereupon, if satisfied that the nuisance exists, the city council shall by resolution find the nuisance to exist, and order the chief to proceed with the work of abating the nuisance pursuant to the provisions of this chapter. Abatement by owner-Permit required to burn weeds or Any owner of real property on which or in front, side and/or rear of which such public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the chief's assistants or contractors to do the work; provided in all cases the work shall be done to the satisfaction of the chief. B. However, it is unlawful for any property owner or other person to burn, or attempt to burn, any such weeds or waste matter without first obtaining written permission to do so from the chief of the fire department of the city. 8.28.100 Report and assessment list-Contents and filing. A. When the work is done or caused to be done by the chief, he shall keep an account of the cost of abating such nuisances, including an administrative charge to be determined and apportioned by him upon each separate lot or parcel of land and in the front and alley, if any, as extended. in the rear thereof between the sidelines of such lot -6- B. The chief shall embody the account in a report and assessment list to the city council, which he shall file with the city clerk. C. The report and assessment list shall refer to each sepa- rate lot or parcel of land by a description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge. 8.28.110 Report and assessment list-Notice of filing. A. The chief shall post a copy of the report and assessment list on the bulletin board near the Council Chambers in City Hall, together with a notice of filing the same and of the time and place when and where it will be submitted to the city council for confirmation, at least ten days before the day fixed therein. B. He shall also mail or post copies of the notice to all the owners of property on which and/or in the front, side and/or rear of which such a nuisance was abated for the time, and in the manner, and with like effect, and file with the clerk an affidavit thereof, all as provided in Section 8.28.060 for mailing and posting notices to abate. C. The notices shall be substantial in the following form: NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR WEED AND WASTE MATTER ABATEMENT, AND OF HEARING THEREON. NOTICE IS HEREBY GIVEN that the Chief of the Fire Department of the City of Bakersfield has filed with the City Clerk of said City a report and assessment list on abatement of nuisances (weeds and/or waste matter) within said City, a copy of which is posted on the bulletin board at the entrance to the City Hall. -7- Your property is assessed therein in the sum of $ NOTICE IS FURTHER GIVEN that on , the day of , 19 , at the hour of seven o'clock p.m. in the Council Chambers of said City Hall said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto may appear at said time and place and be heard. NOTICE IS FURTHER GIVEN that you may pay said assessment at the office of the Finance Director of the City of Bakersfield at the City Hall, 1501 Truxtun Avenue, at any time before five o'clock p.m. of August 15, 19 , and if not paid within that time, it will be entered against your property on the City tax roll. DATED: , 19 8.28.120 A. done under this chapter, or in the assessment, feeling aggrieved by any act or determination of the chief in relation thereto, or who claim that the work was not performed in a good and substantial manner, or who claim that any portion of the work for any reason, Chief of the Fire Department of the City of Bakersfield Hearing and confirmation. The owners, and all other persons interested in any work was omitted or illegally included, or having or making any objections to the correctness of the assessment or other act, determination or pro- ceeding of the chief, may appear before the city council at said time and place and be heard. -8- B. Upon said hearing, the city council may remedy and cor- rect any error and revise and correct any of the acts or deter- minations of the chief relating to said work; and may amend, alter, modify or correct the assessment in such manner as to them shall seem just, and may require the work to be completed according to their directions. C. All the decisions and determinations of said city coun- cil, upon notice and hearing as mentioned in this chapter, shall be final and conclusive. D. Said assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid. 8.28.130 Payments to finance director. Any property owner may, at any time prior to five p.m. of August 15th following the doing of said work, pay the amount assessed against his property at the office of the finance director of the city at the City Hall, 1501 Truxtun Avenue, and the lien thereof against the property affected shall be released. 8.28.140 Collection of assessments as taxes. A. After August 15th, the city finance director shall cause the amounts of said assessments remaining unpaid against the respec- tive lots or parcels of land to be entered and extended on the property tax roll, and pursuant to law, the county tax collector shall include the sum on the tax bills applicable to such. B. Thereafter said amounts shall be collected at the same time and in the same manner as general ad valorem taxes are collected, and will be subject to the same sale in case of delinquency. penalties and the same procedure and -9- C. All laws and ordinances applicable to the levy, collec- tion and enforcement of city property taxes and benefit assessments shall be applicable to such special assessments. 8.28.150 Recording of lien. A. Unless the amount assessed has been paid within ten days of city council action confirming the same, the city's finance direc- tor shall cause to be filed in the office of the recorder of the county of Kern a certificate in substantially the following form: "NOTICE OF LIEN Pursuant to the authority deriving by the provisions of Chapter 8.29 of the Bakersfield Municipal Code, said City of Bakersfield did, on the day of , 19 , cause a nuisance to be abated on the real property hereinafter described and did, on the __ day of , 19 , by action duly recorded in its official minutes of said date assess the cost of such abatement. Of said cost there remains unpaid to the City of Bakersfield the sum of Dollars, ($ ), and therefore said City of Bakersfield does hereby claim a lien upon said real property in the amount of said unpaid balance, namely, in the amount of Dollars ($ ), together with interest calculated thereon at the rate of eight percent (8%) per annum from said day of , 19 , until said amount has been paid in full and this lien discharged of record, whether by collection with real property taxes on said property or otherwise. The real property herein before mentioned and upon which a lien is hereby claimed is all that certain parcel or parcels of real -10- property situated in the City of Bakersfield County of Kern, State of California and particularly described as follows, to wit: Dated this day of , 19 CITY OF BAKERSFIELD By Finance Director City of Bakersfield ATTEST: City Clerk" B. From and after the date of the recording of the notice of lien in the office of the recorder of the county of Kern, as in this section provided, all persons shall be deemed to have full notice thereof. SECTION 2. Chapter 8.29 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 8.29 LITTER CONTROL Sections: 8.29.010 8.29.020 8.29 030 8.29 040 8.29 050 8.29 060 8.29 070 8.29 080 8.29 090 8.29 100 8.29110 8.29 120 8.29.130 8.29.140 8.29.150 Short title. Definitions. Littering-Prohibited; penalty Nuisance-Abatement Litter-Prevention from scattering; Hauling. Property adjacent to public place. Litter on vacant lots. Duty of property owner to abate. Notice to abate-Generally. Notice to abate-Form. Notice to abate-Mailing and posting. Notice to abate-Filing affidavit with city clerk. Resolution ordering abatement work. Abatement by owner. Report and assessment list-Contents and filing. -11- 8.29.160 8.29.170 8.29.180 8.29.190 8.29.120 8.29.010 Short title. This chapter shall be known as the city. 8.29.020 Definitions. For the purpose of words and their derivations Report and assessment list-Notice of filing. Hearing and confirmation. Payments to finance director. Collection of assessments as taxes. Recording of Lien. the "littering ordinance" of this chapter the following terms, phrases, shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; the plural number includes the singular number; and words used in the singular number include the plural. The word "shall" is always mandatory and not merely directory. A. "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. B. "Litter" means garbage, refuse and rubbish as defined herein and all other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare, and which is not within a receptacle pro- vided therefor. C. "Person" means any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. D. "Private premises" means any private property, together with any structure thereon, whether inhabited or temporarily or con- tinuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, street parking area. vestibule or entryway thereof and any off- -12- E. "Public Place" means any and all public streets, sidewalks, gutters, boulevards, alleys or other public rights-of-way and any and all public buildings, parks, squares, grounds and publicly owned off-street parking area. F. "Refuse" means all putrescible and nonputrescible solid wastes (except human body waste) including garbage, rubbish, ashes, street cleanings, dead animals, animal feces and solid market and industrial wastes. G. "Rubbish" means nonputrescible solid waste consisting of both combustible and non-combustible wastes including but not limited to paper, wrappings, cardboard, tin cans, weeds, dry grasses, dead trees and shrubs, yard clippings, leaves, dirt (other than the natural soil, in place), pieces of broken asphalt or concrete, wood, glass, bedding, crockery and similar materials. H. "Sidewalk" means the paved and unpaved, planted or unplanted area maintained between the property line and the curb line or the edge of the surfaced roadway and includes a driveway, curbing, bulkhead, retaining wall or other works for the protection of any sidewalk or parking located in any public street, way or thoroughfare within the city. 8.29.030 Littering-Prohibited; Penalty. A. No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except while such person is temporarily engaged in clearing the public place or private premises of littering or improv- ing the public place or private premises. This section shall not apply to acts prohibited by Section 23111, 23112, or 23113 of the California Vehicle Code. -13- B. Penalty 1. Any person violating any of the provisions of this chap- ter is guilty of an infraction, and upon conviction such person shall be punished by a mandatory fine of not less than fifty dollars ($50) upon a first conviction, by a mandatory fine of not less than one hun- dred ($100) upon a second conviction, and by a mandatory fine of not less than two hundred and fifty dollars quent conviction. 2. No part of such fine shall ($250) upon a third or subse- be suspended. The court may allow any such fine to be paid in installments if court determines that the defendent is auable to pay the fine in one lump sum. 3. The court may as a substitute to a mandatory fine, permit any person convicted of a violation of this chapter pick up litter at a time and place within a jurisdiction of the court for not less than four hours upon a first conviction and for not less than eight hours upon a second or subsequent conviction. 8.29.040 Nuisance-Abatement. In addition to subjecting the violator to the penalties pre- scribed in this code, each violation of the provisions of this chapter is, and is hereby declared to be, a public nuisance, subject to abate- ment as provided herein below. 8.29.050 Litter-Prevention from scattering; Hauling. A. Persons placing litter in authorized public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or private premises. -14- B. It is unlawful for any person, firm or corporation to move, carry, haul or transport or to cause to be moved, carried, hauled or transported any sawdust, dirt, sand, gravel, rock or other loose substance on, along or over any street within the city save and except under the conditions set forth in this section: 1. All boxes, carts, wagons, trucks, vehicles or other receptacles used in moving, carrying, hauling or transporting any sawdust, dirt, sand, gravel, rock or other loose substances on, along or over any street within the city, shall be so constructed as to be sufficiently tight and strong to prevent any sifting, leaking, spilling, or blowing therefrom, and no sawdust, dirt, sand, gravel, rock or other loose substances shall be moved, carried hauled or transported on, along or over any of said streets unless the same is in such box, cart, wagon, truck, dray or other vehicle so constructed, and no person while moving, carrying, hauling or transporting any such substance on, along or over any such street shall allow or permit the same to shift, leak, spill or blow dirt upon any such street or other public or private property. 2. Upon unloading or dumping any box, cart, wagon, truck, vehicle or other receptacle which has been used in moving, carrying hauling or transporting any sawdust, dirt, sand, gravel, rock or other loose substance and before leaving the place of such unloading or dumping and before going on, along or over any street within the city, the person or persons in charge thereof shall remove or cause to be removed therefrom and from every part thereof all loose sawdust, dirt, sand, gravel, rock or other loose substance to such an extent that the same will not spill, fall or go on or upon any such street or other public or private property. -15- 8.29.060 Property adjacent to public place. Persons owning or occupying private premises within the city shall keep the public place abutting or adjacent to said premises free of litter, except while such person is temporarily engaged in clearing the public place and adjacent private premises of litter or improving the public place or private premises. No person owning, occupying or controlling private premises shall sweep into or deposit in any public place within the city the accumulation of litter from any private pre- mises or public place. 8.29.070 Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. 8.29.080 Duty of property owner to abate. A. It shall be the duty of every property owner to abate the public nuisance resulting from the accumulation of litter upon his private property and upon the abutting half of the street and/or alley, and between the sidelines thereof as extended. B. The word "street" as used in this section shall be deemed to include the sidewalk space thereof. 8.29.090 Notice to abate-Generally. Whenever litter has accumulated upon any private real prop- erty or upon the abutting half of any street, sidewalk, and/or alley, it shall be the duty of the city's Building Director or his authorized representative to notify the owners of the property upon which, or in the front, side or rear of which, litter has accumulated and inform them that unless the nuisance is abated without delay, the work of abating such nuisance will be done by city authorities and the expense thereof assessed upon such private real property. -16- 8.29.100 Notice to abate-Form. The notice shall be substantially in the following form: NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.29 of the Bakersfield Municipal code that litter you and/or on the abutting half of the street, alley, in the City of Bakersfield is a public upon property owned by sidewalk space and/or nuisance. 8.29.110 A. other copy of the notice with all blanks properly filled, -17- YOU ARE HEREBY NOTIFIED that said public nuisance is required to be abated within seven (7) days from the date of this notice. If not abated by removal on or before such time, the City of Bakersfield will abate the public nuisance or cause the same to be abated, in which case the costs thereof will be assessed against the land and become a tax lien thereon as provided in Chapter 8.29 of the Bakers- field Municipal Code and will be collected on the tax roll upon which property taxes are collected. YOU ARE FURTHER NOTIFIED to appear before the City Council of said City at its meeting on , the day of , 19__, at seven o'clock p.m., in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in said Chapter. Dated: , 19 Building Director City of Bakersfield Notice to abate-Mailing and posting. The Building Director shall mail a postcard copy or to each and ~u~ry owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such a nuisance exists, whose name and address appears on the latest equalized county assessment roll, or as known to him, mailing the copies of notices to the addresses given or as otherwise known to him. B. If the name and address of such owner does not appear on such assessment roll or is not otherwise known to him, he shall cause a copy of such notice to be conspicuously posted on the property affected. C. The notices so posted shall be substantially the same as the notices mailed. D. The mailing or posting of all the notices shall be done and completed at least ten days before the time fixed for the hearing. E. The failure of any property owner to receive such notice shall not derive the city council of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment levied under this chapter. 8.29.120 Notice to abate-Filing affidavit with city clerk. A. Upon giving notice as provided in Section 8.29.080 through 8.28.100 the Building Director shall make and file with the city clerk his affidavit, stating in general terms the existence of the nuisance, and declaring that in each and every case the owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which litter has accumulated was notified to abate the nuisance, either by mailing or posting the noti- ces as required by this chapter. B. A copy of the form of notice so mailed or posted shall be annexed to the affidavit together with a list of all properties on -18- which such nuisance exists. 8.29.130 Resolution ordering abatement work. A. The Building Director shall attend the meeting of the city council at the time designated in the notice to show cause and report on any other matters desired by the city council concerning the nuisances. B. city council Thereupon, if satisfied that the nuisance exists, the shall by resolution find the nuisance to exist, and order the Building Director to proceed with work of abating the nuisance pursuant to the provisions of this chapter. 8.29.140 Abatement by owner. Any owner or real property on which or in front, side and/or rear of which such public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the Building Director's assistants or contractors to do the work; provided in all cases the work shall be done to the satisfaction of the Building Director. 8.29.150 A. Report and assessment list-Contents and filing. When the work is done or caused to be done by the Building Director, he shall keep an account of the cost of abating such nuisances, including an administrative charge to be determined and apportioned by him upon each separate lot or parcel of land and in the from and alley, if any, in the rear thereof between the sidelines of such lot as extended. B. The Building report and assessment list with the city clerk. Director shall embody the account in a to the city council, which he shall file -19- C. The report and assessment list shall refer to each sepa- rate lot or parcel of land by a description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge. 8.29.160 Report and assessment list-Notice of filing. A. The Building Director shall post a copy of the report and assessment list on the bulletin board near the Council Chambers in the City Hall, together with a notice of filing the same and of the time and place when and where it will be submitted to the for confirmation, at least ten days before the day fixed city council therein. B. He shall also mail or post copies of the notice to all the owners of property on which and/or in the front, side and/or rear of which such a nuisance was abated for the time, and in the manner, and with like effect, and file with the clerk an affidavit thereof all as provided in Section 8.28.100 abate. C. The notices shall form: for mailing and posting notices to be substantially in the following NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR LITTER ABATEMENT, AND OF HEARING THEREON. NOTICE IS HEREBY GIVEN that the Building Director of the City of Bakersfield has filed with the City Clerk of said City a report and assessment list on abatement of nuisances (accumulated litter) within said City, a copy of which is posted on the bulletin board at the entrance to the City Hall. Your property is assessed therein in the sum of $ -20- NOTICE IS FURTHER GIVEN that on , the day of , 19 , at the hour of seven o'clock p.m. in the Council Chambers of said City Hall said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto may appear at said time and place and be heard. NOTICE IS FURTHER GIVEN that you may pay said assessment at the office of the Finance Director of the city of Bakersfield at the City Hall, 1501 Truxtun Avenue, at any time before five o'clock p.m. of August 15, 19 , and if not paid within that time, it will be entered against your property on the City tax roll. Dated: , 19 Building Director of the City of Bakersfield 8.29.170 A. The owners, done under this chapter, any act or determination Hearing and confirmation. and all other persons interested in any work or in the assessment, feeling aggrieved by of the Building Director in relation thereto, or who claim that the work was not performed in a good and substantial manner, or who claim that any portion of the work for any reason, was omitted or illegally included, or having or making any objections to the correctness of the assessment or other act, determination or pro- ceeding of the Building Director may appear before the city council at said time and place and be heard. B. Upon rect any error and said hearing, the city council may remedy and cor- revise and correct any of the acts or deter- -21- minations of the Building Director relating to said work; and may amend, alter, modify or correct the assessment in such manner as to them shall seem just, and may require the work to be completed according to their directions. C. All the decisions and determinations of said city coun- cil, upon notice and hearing as mentioned in this chapter, shall be final and conclusive. D. Said assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid. 8.29.180 Payments to finance director. Any property owner may, at any time prior to five p.m. of August 15th following the doing of said work, pay the amount assessed against his property at the office of the finance director of the city at the City Hall, 1501 Truxtun Avenue, and the lien thereof against the property affected shall be released. 8.29.190 Collection of assessments as taxes. A. After August 15th, the city finance director shall cause the amounts of said assessments remaining unpaid against the respec- tive lots or parcels of land to be entered and extended on the prop- erty tax roll, and pursuant to law, the county tax collector shall include the sum on the tax bills applicable to such property. B. Thereafter said amounts shall be collected at the same time and in the same manner as general ad valorem taxes are collected, and will be subject to the same penalties and the same procedure and sale in case of delinquency. C. All laws and ordinances applicable to the levy, collec- tion and enforcement of city property taxes, and benefit assessments shall be applicable to such special assessments. -22- 8.29.200 Recording of lien. A. Unless the amount assessed has been paid within ten days of city council action confirming the same, the city's finance direc- tor shall cause to be filed in the office of the recorder of the county of Kern a certificate in substantially the following form: "NOTICE OF LIEN Pursuant to the authority deriving by the provisions of Chapter 8.29 of the Bakersfield Municipal Code, said City of Bakersfield did, on the day of , 19 , cause a nuisance to be abated on the real property hereinafter described and did, on the __ day of , 19__, by action duly recorded in its official minutes of said date assess the cost of such abatement. Of said cost there remains unpaid to the City of Bakersfield the sum of Dollars, ($ ), and therefore said City of Bakersfield does hereby claim a lien upon said real property in the amount of said unpaid balance, namely, in the amount of Dollars ($ ), together with interest calculated thereon at the rate of eight percent (8%) per annum from said day of , 19 , until said amount has been paid in full and this lien discharged of record, whether by collection with real property taxes on said property or otherwise. The real property hereinbefore mentioned and upon which a lien is hereby claimed is all that certain parcel or parcels of real property situated in the City of Bakersfield County of Kern, State of -23- California and particularly described as follows, to wit: Dated this day of , 19 CITY OF BAKERSFIELD By ATTEST: Finance Director City of Bakersfield City Clerk" B. From and after the date of the recording of the notice of lien in the office of the recorder of the county of Kern, as in this section provided, all persons shall be deemed to have full notice thereof. SECTION 3. Chapter 8.30 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 8.30 Distribution of Printed Matter to Residential Property Sections: 8.30.010 8.30.020 8.30.030 Findings-Deemed nuisance when. Unsolicited littering prohibited. Distribution not prohibited. 8.30.010 Findings-Deemed nuisance when. A. The city council finds and determines that the distribu- tion of unsolicited printed matter upon residential property can be a nuisance and that the distribution of such unsolicited printed matter may, if not handled reasonably, invasion of privacy. B. The city council further printed matter that is constitute an annoyance and an finds and determines that indiscriminately distributed upon residential -24- property when it is not requested by the owner, can be a source of litter and debris in the community. C. The city council further finds and determines that the distribution of printed matter upon residential property, except in compliance with the requirements of Section 8.30.030, constitutes a public nuisance. 8.30.020 Unsolicited littering prohibited. No person shall throw, distribute, deposit, place or attach or in any other way leave any handbill, circular, newspaper, paper, booklet, poster or any other printed matter on residential property, solicit or hire any person to do so, except in accordance with the requirements of Section 8.30.030. 8.30.030 Distribution not prohibited. Distribution of unsolicited printed matter upon residential property is not prohibited by Section 8.30.020 if the printed matter is placed within the outer (screen or storm) door of any residence, enclosed in a transparent plastic sleeve and attached to the handle of such door, or printed matter fastened over the doorknob of such outer door, without knocking or ringing the door bell or if the printed mat- ter is handed to a resident of the property. Nothing contained in Section 8.30.020 shall apply to limited status mail carriers in the discharge of their duties. SECTION 4. Chapter 8.31 is hereby added to the Bakersfield Municipal Code to read as follows: -25- Chapter 8.31 Placement of Advertising Materials on Private Motor Vehicles. Sections: 8.31.010 8.31.020 8.31.030 8.31.040 8.31.010 Findings: The city council finds: A. The unsolicited placement of advertising material, Findings. Placement of printed matter in or upon motor vehicles prohibited. Distribution of printed matter by personal delivery. Solicitation of petition signatures excepted. tical advertising, or upon motor constitutes a debris within B. poli- religious material and any other printed matter in vehicles without the knowledge and consent of the owner, nuisance and is a source of substantial litter and the community. A substantial amount of such printed matter is not wanted by the owner of the motor vehicle and, when the owner returns to his motor vehicle, the printed material is removed from the motor vehicle and cast aside upon either public or private property. The additional debris on public or private property is a source of public and private annoyance, cost, additional funds to supervise and police, is a source of refuse for rodents, insects and other vermin, and is not aesthetically pleasing or compatible with surrounding pro- perty, especially in instances where the adjacent property owner is attempting to police his or her property. C. The city is attempting to control costs of public street-sweeping and other costs incidental to the control of waste and debris, and is also attempting to educate and encourage private citi- zens to participate in waste management. -26- D. The city has no intention or desire to interfere with rights of a citizen to petition the government, or to freely advocate ideas and proposals under the First Amendment to the United States Constitution. The city council finds that First Amendment rights can be exercised in a manner consistent with this chapter, in that no restriction is placed on the distribution of printed material that is personally handed or personally delivered to the public so that the recipient of the material personally accepts it from the distributor. Under such circumstances, the city council finds that less litter and debris will result in the city, since some members of the public, not interested in the material, will refuse it and other members of the public who accept the material personally, presumably will do so because they desire to read it and will later dispose of it in a proper receptacle. 8.31.020 Placement of printed matter in or upon motor vehicles prohibited. The placement of printed matter upon motor vehicles located in public streets, public parks, public or private parking lots, pri- vate shopping centers and other public or private sites and the solic- iting or hiring of any person to do so is prohibited. 8.31.030 Distribution of printed matter by personal delivery. Nothing in this chapter shall prevent the distribution of printed matter by personal delivery or by handing the material directly to the recipient thereof. 8.31.040 Solicitation of petition signatures excepted. Nothing in this chapter shall prohibited the personal solici- tation of signatures to a petition to redress grievances addressed to -27- any governmental agency nor the distribution of any printed material which accompanies the solicitation provided the solicitations are made in person and the printed material that is given is personally handed to the person whose signature or whose support is being solicited. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -28- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 3rd day of September , 19 8__6, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 3rd day of September , 19 86 MAYOR of the City ~Bakersfield APPROVED as to form: 5:LO.1 -29- STATE OF CALIFORNIA I ss. County of Kern CAROL WILLIAMS, 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 SepLember 8 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on September 3 , 19 86 , which ordinance was numbered 3070 New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Chapter 8.28 (relating to Weeds and Debris), adding Chapter 8.29 (relating to Litter Control), adding Chapter 8.30 (relating to Distribution of Printed Matter to Residential Properties), adding Chapter 8.31 (relating to Plac~nent of Advertising Materials on Private Motor Vehicles) , and repealing Chapter 9.32 (relating to Advertising Matter, San~les) and Chapter 12.24 (relating to Loose Material) of the Bakersfield Municipal Code. City Clerk Subscribed and sworn to before me this ~ .t~3- .......day oI .........~.p.%...er~. ....................19..~.~