HomeMy WebLinkAboutORD NO 3275ORDINANCE NO. ,~ 2 7 5 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
SUBSECTION A. OF SECTION 8.28.010,
SECTION 8.28.020, AND ADDING
SECTION 8.28.022 AND SUBSECTIONS C.
AND D. TO SECTION 8.28.030 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO WEEDS AND WASTE MATTER.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Subsection A. of Section 8.28.010 of the Bakersfield
Municipal Code is hereby amended to read as follows:
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 a public
nuisance, subject to abatement and removal in accordance with the
procedures specified in this chapter. This remedy is in addition
to any other provided by law, including penalty provisions
applicable for violations of provisions of this chapter.
SECTION 2.
Section 8.28.020 of the Bakersfield Municipal Code is
hereby amended as follows:
8.28.020 Waste matter constituting a public nuisance.
"Waste matter" means any unused or discarded matter
having 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. All waste
matter described in this section is declared to be a public
nuisance, subject to abatement and removal in accordance with the
procedures specified in this chapter. This remedy is in addition
to any other provided by law, including penalty provisions
applicable for violations of provisions of this chapter.
SECTION 3.
Section 8.28.022 is hereby added to the Bakersfield
Municipal Code to read as follows:
8.28.022 Maintenance unlawful -- Penalty.
A. It is unlawful for any person to maintain weeds and
waste matter on public or private property in such a manner as
constitutes a nuisance as defined in Sections 8.28.010 and
8.28.020 of this Chapter.
B. Any person who violates any provisions of this
section shall be guilty of an infraction and, upon conviction
thereof, shall be punishable by a fine not to exceed two hundred
dollars.
Each day during which any violation continues shall
constitute a separate offense.
SECTION 4.
Subsections C. and D. are hereby added to Section
8.28.030 of the Bakersfield Municipal Code to read as follows:
8.28.030 Duty of property owner to abate - Fee for reins~ection.
C. Any person who receives a notice to abate any
public nuisance as described in Sections 8.28.010 and 8.28.020,
and who fails to abate such nuisance within the time prescribed
in the notice, may be assessed the cost of reinspection as set
forth in Section 3.70.040 of this Code.
D. All bills for the charges set forth in subsection
C. of this section are due and payable upon billing therefor and
become delinquent sixty (60) days after billings are mailed. An
additional ten percent (10%) administrative service charge and
interest at the rate of one percent (1%) per month shall be added
to any surcharge which is delinquent. Should the city resort to
court action to collect amounts due, the city shall be entitled
also to collect its reasonable costs.
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 ..........
I HF~REBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on ~£B ? lg§0 , by the
following vote:
AYES, COUNCILMEMBERS' EDWARDS, ~MON_O, SMITH, ~?,J.~;,';:. PETERSON. McOERMOF~, SALVAGGIO
NOES. COUNCILMEMBERS
ABSEN'r COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 'FEB
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNE~ of the/Cit~ of rsfield
/
LCM/meg
WEEDABAT. ORD
2/05/90
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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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
9O
of Bakersfield; and that on the 13th day of February , 19 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3275 , passed by the Bakersfield
City council at a meeting held on the 7th day of February , 1990,
and entitled:
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By: _~?.~c ~ /~
DEPUTY City Clerk
NSAOPD