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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. - 2 - 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. - 3 - 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