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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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-
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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.
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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.
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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.
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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.
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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,
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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
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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
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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 $
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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.
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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
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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
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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:
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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 ..........
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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 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
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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..~.~