HomeMy WebLinkAboutORD NO 4988ORDINANCE NO. 4 9 8 B
ORDINANCE AMENDING SECTION 14.12.415 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SEWER
VIOLATION APPEALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 14.12.415 of the Bakersfield Municipal Code is hereby amended to
read as follows:
14.12.415 Appeals.
A. Any discharger, permit applicant, or permit holder affected by any
decision, action or determination by the city engineer, interpreting or
implementing the provisions of this chapter, including, without limitation, the
provisions of this chapter, or any industrial wastewater discharge permit issued
hereunder by the city, may file with the city clerk, within ten days of the date of
service of such decision, action or determination, a written notice of appeal to
the city manager, or designee appealing such decision, action or determination
by the city engineer. The notice of appeal shall set forth in detail all relevant facts
supporting the appeal of the decision of the city engineer. The filing of the notice
of appeal shall stay further action required under any notice of violation or cease
and desist orders and accumulation of interest upon penalties thereon, pending
final decision by the city manager, or designee on the appeal; provided,
however, that nothing stated in this section shall limit the authority of the city
engineer to take such action or to make such directives as the city engineer
deems necessary to stop or prevent an ongoing or threatened violation of any of
the provisions of this chapter including, actions or directives to prevent or stop:
1. Threatened damage to the POTW, the sewer or the wastewater
treatment plant;
2. A pass through; or
3. Threatened harm to the health or safety of the public. Such action
shall include, without limitation, continuing to physically block the discharger's or
industrial user's access to the sewer or POTW until the appeal is heard and
decided by the city manager, or designee.
B. Upon an appeal brought to the city manager, or designee by the
written notice of appeal, the city manager, or designee shall set the matter for
hearing and after said hearing may affirm, overrule or modify the decision, action �gAKe,
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ORIGINAI
or determination of the city engineer which is the subject of the appeal. The city
manager, or designee shall have the further authority to condition any penalties
imposed or the corrective action required or to reduce or increase the penalties
imposed by the city engineer. Failure of the discharger or industrial user to comply
with the city manager's, or designee's decision or to make arrangements for
compliance satisfactory to the city engineer within ten days of the date of the
city manager's, or designee's decision shall result in the termination of the
discharger's or industrial user's right to discharge into the sewer. If the industrial
user is discharging pursuant to an industrial wastewater discharge permit, such
inaction shall result in the termination of the industrial user's permit. The city
engineer shall thereupon order physical termination of the service forthwith which
service shall not be resumed until the industrial user fully complies with the city
manager's, or designee's decision.
C. Appeal decisions made by the city manager, or designee shall be
final for all administrative purposes and, except as to civil penalty imposed
according to the procedure provided by this chapter, shall be subject to review
under the provisions of the Code of Civil Procedure Section 1085 (with respect to
decisions not requiring an evidentiary hearing) or Code of Civil Procedure
Sections 1094.5 through 1094.6 (with respect to decisions made after an
evidentiary hearing). All judicial review shall be based on abuse of legal
discretion/substantial evidence standard.
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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ORIGNAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council ofthe City of Bakersfield at a regular meeting thereof held on
AUG 1 L 1019 by the following vote:
AYES' COUNCILMEMBER: RIV RA, GO ALES, WEIR. SMITH, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCILMEMBER: NA1Q
ABSTAIN: COUNCILMEMBER: N
ABSENT: COUNCILMEMBER: tjc -
J LIE DRIMAKIS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: AUG 14 1019
B'74 41A
y:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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UARUDNICK
puty City Attorney
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GRIGNAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 the 16t' day of August, 2019 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4988, passed by the
Bakersfield City Council at a meeting held on the 14th day of August 2019 and entitled:
ORDINANCE AMENDING SECTION 14.12.415 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SEWER
VIOLATION APPEALS.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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