HomeMy WebLinkAboutORD NO 3182ORDINANCE NO. 3182 , NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 8.27 TO THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO
PROPERTY MAINTENANCE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 8.27 is hereby added to the Bakersfield Municipa]~
Code to read as follows:
CHAPTER 8.27
PROPERTY MAINTENANCE
Sections:
8.27.010
8.27.020
8.27.030
Maintenance of property - Violation of
specified standards.
Enforcement.
Abatement.
8.27.010 Maintenance of property - Violation of specified
standards.
It is unlawful and is hereby declared a public nuisance
for any person owning, leasing, occupying or having charge or
possession of any property in the City to maintain such property ia
such manner that any of the following conditions exist thereon,
except as may be allowed by Title 17 of this Code:
A. Any building or structure which has been partially
destroyed for at least six (6) months to the extent of more than
25% of the value of the building as it appears on the current Tax
Assessor's roll, or left in an unreasonable state of partial
construction. For purposes of this chapter, "left in an unreason-
able state of partial construction" means left, after initiation
of construction, for a period of one year or more without comple-
tion of a phase warranting an initial building inspection or with-
out completion of a successive phase warranting a subsequent
building inspection under Title 15 of this Code, where the appear-
ance or other conditions of said unfinished building or structure
substantially detracts from the appearance of the immediate neigh-
borhood.
B. Any doorway, window or other opening into a vacant
structure not closed and maintained by means or materials
approved by the Building Director.
C. Any broken window constituting a hazardous condition
and facilitating trespass or malicious mischief, or constituting a
shelter for vagrants or criminals or enabling persons to resort
thereto for the purpose of committing unlawful acts.
D. Overgrown, dead, decayed, diseased or hazardous
trees, weeds and other vegetation,
1. likely to attract rats, vermin and other
nuisances, or
2. constituting a fire hazard, or
3. dangerous to public safety and welfare.
E. Any building exterior, wall, fence, drive-way,
sidewalk, or walkway which is maintained in such condition of
deterioration or disrepair as to be unsafe or which is so defaced
as to substantially detract from the appearance of the immediate
neighborhood.
F. Any attractive nuisance, including abandoned, broken or
neglected machinery or equipment, any pool, pond or excavation
dangerous to children.
G. Construction equipment or machinery of any type or
description parked or stored on the owner's property where it is
readily visible to the general public, except during excavation,
construction or demolition operations covered by an active build-
ing permit for the subject or adjoining property, except as may be
allowed by Title 17 of this Code.
H. Lumber (excluding stacked firewood for use on the
property and lumber for a project on the property initiated within
10 days of delivery), junk, trash, debris or salvage materials
visible from a public right-of-way, except as may be allowed by
Title 17 of this Code.
I. Abandoned or discarded furniture, stove, refrigera-
tor, freezer, sink, toilet, cabinet or other household fixture
or equipment visible from a public right-of-way, except as may be
otherwise prohibited by Title 17 of this Code.
J. Any motor vehicle, trailer, camper, boat or other
mobile equipment parked on any unpaved area in any front yard (as
defined in Section 17.04.670 of this Code) or on any sideyard (as
defined in Section 17.04.690 of this Code) adjacent to any street.
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K. Any fill dirt containing pieces of concrete,
asphalt, or rubbish or any fill dirt brought to the property or
excavated from the property and not wetted and compacted in accor-
dance with the requirements of Chapter 70 of the Uniform Buildings
Code and graded to within eighteen inches of the adjacent grade
within thirty days of delivery or excavation.
8.27.020 Enforcement.
A. The Building Director shall enforce the provisions
of this Chapter. Any person who violates any provision of Section
8.27.010 and who has been convicted of such violations less than
four times in the preceding twelve-month period shall be guilty
of an infraction and, upon conviction thereof, shall be punishable
by:
A fine not exceeding one hundred dollars
($100.00) for a first violation within
one year;
A fine not exceeding two hundred dollars
($200.00) for a second violation within
one year; and
A fine not exceeding five hundred dollars
($500.00) for a third violation within
one year.
B. Any person who violates any provision of Section
8.27.010 shall, upon conviction of any fourth or more violation
within any twelve-month period, be guilty of a misdemeanor, and
upon conviction thereof shall be punishable by a fine not exceed-
ing one thousand dollars ($1,000.00), or by imprisonment in the
county jail not exceeding six months, or both.
C. For each day that a violation exists, it shall con-
stitute a separate offense.
8.27.030 Abatement.
As an alternative to the enforcement provided in Section
8.27.020, the Building Director may take action to abate the
nuisance, pursuant to Sections 38773 and 38773.5 of the California
Government Code.
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SECTION 2.
This ordinance
City charter provisions
days from and after the
shall be posted in accordance with the
and shall become effective thirty (30)
date of its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on September 28, 1988 __, by the
following vote:
AYES: COUNCILMEMBERS: CHILDS, DeMtiND, E~MT'T~, I~TTY; PE'r~,~SO~r, McDERMOTT ~ALYAGGIO
NOES: COUNCILMEMBERS: None
ASSENT: COUN~IL~EMBERS: None
ABSTAINING: COUNCILMEMBERS: None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED September 28, 1988
MAYOR of the City of Bakersfield
APPROVED as to form:
AJS/LCM/ml_
O ORD 5
PROPMAIN1
9/19/88
of.~/ City of Bakersfield
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 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 the 30th day of September , 19 88 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3182 , passed by the Bakersfield
City Council at a meeting held on the 28th day of September , 1988 ,
and entitled: An Ordinance of the Council of the City of
Bakersfield adding Chapter 8.27 to the
Bakersfield Municipal Code relative to Property
Maintenance.
CAROL WILLIAMS
CITY CLERK of the City of
DEPUT~Citi~' Clerk
Bakersfield
NSAOPD