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HomeMy WebLinkAbout11/01/2022 SPECIALNA; Ir . l" A A"" 10 i i• Staff: Committee Members: Christian Clegg, City Manager Councilmember, Bruce Freeman - Chair Gary Hallen, Assistant City Manager Councilmember, Bob Smith Councilmember, Patty Gray Special Meeting of the Planning and Development Committee of the City Council - City of Bakersfield Tuesday, November 1, 2022 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 AGENDA 1. ROLL CALL 2. PUBLIC STATEMENTS a. Agenda Item Public Statements b. Non -Agenda Item Public Statement 3. ADOPT SEPTEMBER 28, 2022, AGENDA SUMMARY REPORT 4. REPORTS 5. DEFERRED BUSINESS A. Committee Review and Recommendation on Ordinance to Amend Bakersfield Municipal Code Chapter 8.80 re: Abatement of Public Nuisances - G. Gennaro/A. Zambrano 6. NEW BUSINESS 7. COMMITTEE COMMENTS 8. ADJOURNMENT d Rft W BAKERSFIELD THE SOUND OF 5Wealull �c4{er Staff: Christian Clegg, City Manager Gary Hallen. Assistant City Manager Committee Members: Councilmember, Bruce Freeman - Chair Councilmember, Bob Smith Councilmember, Patty Gray Special Meeting of the Planning and Development Committee of the City Council - City of Bakersfield Wednesday, September 28, 2022 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 AGENDA Meeting called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember Bruce Freeman, Chair Councilmember Bob Smith Councilmember Patty Gray City Staff: Christian Clegg, City Manager Gary Hallen, Assistant City Manager Virginia "Ginny" Gennaro, City Attorney Ashley Zambrano, Deputy City Attorney Joshua Rudnick, Deputy City Attorney Christopher Boyle, Development Services Director Phil Burns, Building Director Paul Johnson, Planning Director Paul Soldana, Economic Development Director Jason Cater, Economic Development Manager 2. PUBLIC STATEMENTS a. Agenda Item Public Statements - No public statement b. Non -Agenda Item Public Statement - No public statement 3. ADOPT AUGUST 30, 2022, AGENDA SUMMARY REPORT The report was adopted as submitted. Motion by Committee member Gray and seconded by Councilmember Smith. Motion carried. 4. REPORTS S. DEFERRED BUSINESS A. Committee Review of Ordinance Regarding Floor Area Ratio (FAR) and Direction - C. Boyle Chris Boyle, Director of Planning and Development provided an update to Information provided at the August 30, 2022, committee meeting to Include the limitations that could arise from removing FAR from zoning ordinance in the downtown district. Councilmember Gray noted agreement with staff recommendation but asked whether the City has ever explored building parking structures. City Manager Clegg responded that the city has indeed conducted studies on parking needs in the downtown area. Mr. Clegg went on to share that there is a Parking Enterprise Feasibility study to provide a more up to date assessment of parking in the downtown area. Councilmember Freeman requested an update in the future on the results of the parking feasibility study. Committee member Smith moved to prepare an ordinance amendment that removes specific application of floor area ratios in the C-B (Central Business) and C-C (Commercial Center) Zone. Motion was seconded by Council member Gray. Motion carried. B. Update From Staff on Visit to Fresno with Suggestions to Amend our Municipal Code re: Abatement of Public Nuisances - P. Burns/A. Zambrano Assistant City Manager Gary Hollen provided a quick introduction on the purpose of the trip to Fresno to review their code enforcement efforts. Phil Burns, Building Director shared details on the comprehensive visit and what they learned about what has worked and what has not worked for the City of Fresno. City Attorney Ginny Gennaro addressed the committee with an overview of the suggested amendment to current municipal code on Abatement of Public Nuisances. Deputy City Attorney Ashley Zambrano went into detail with the existing ordinances and the current administrative procedures. Ms. Zambrano shared some recommended and proposed changes and updates to current ordinances as well as examples of how these changes would allow for the City to move more quickly and allow for faster resolution. Committee members asked about a realistic flmeline. City Attorney Gennaro that if allowed more time, the department would be able to give the entire ordinance a more comprehensive overview and bring back to council for first reading after an additional special meeting with the committee. Committee asked that the City Attorney's bring back a more thorough on ordinance revision to the brought to a special meeting on November is review. C. Committee Review of Resolution of Intent Regarding Process for Acquiring Substandard/Chronic Nuisance/Vacant Properties -P. Saldana/J. Rudnick Assistant to the City Manager Gary Haller Introduced a proposed revised resolution regarding the process for acquiring properties. Economic Development Director, Paul Saldana spoke to the authorization for the City Manager or designee to enter into letters of intent to purchase property. The resolution covers two types of properties: Substandard Chronic Nuisance and Vacant Real Properties. Committee member Smith made a motion to move Resolution of Intent Regarding Processing Acquiring Substandard/Chronic Nuisance/Vacant Properties to council. Committee Member Gray seconded. The motion carried. 6. NEW BUSINESS No new business. 7. COMMITTEE COMMENTS None 8. ADJOURNMENT Meeting adjourned at 1:07 p.m. MEMORANDUM CITY ATTORNEY October 25, 2022 TO: PLANNING AND DEVELOPMENT COMMITTEE BRUCE FREEMAN, CHAIR BOB SMITH PATTY GRAY FROM: ASHLEY E, ZAMBRANO, DEPUTY CITY ATTORNEY SUBJECT: DEFERRED BUSINESS ITEM 5A. ComrnRtee Review and Recommendation on Ordinance to Amend BMC Chapter 8.80 re: Abatement of Public Nuisances At the September 28, 2022 Special Meeting, the Committee provided direction to staff to Move forward with incorporating proposed language into the Bakersfield Municipal Code (6MC) concerrling summary abatement of public nuisances and chronic nuisand vacant buildings. As discussed at that meeting, the City Attorney's Office been working closely, with Building and Code Enforcement staff to prepare a comprehensive ordinance cleanup for the entire BMC Chapter 8.80 in order to clarify and simplify existing procedures for abatement of public nuisances, which Wit also incorporate the new proposedlanguage on. summary abatement. At the,Novembier 1, 2022Special Meeting, staff will provide an overview of the proposed oral ldnce am4ndments. Staff recommends a motion to move the ordinance forward to First Reading of the November 1'6,'202$City Council meeting. Id e��mcicnwmvi-ae<e,«aoo.,.m.crm«e xtoa. PROPOSED DRAFT LANGUAGE Chapter 8.80 -ABATEMENT OF PUBLIC NUISANCES 8.80.050 Summary abatement of public nuisance. A. Notwithstanding any other provision of this Chapter, and without limiting any other available legal remedies which may be available, any condition caused or permitted to exist In violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated by the City. B. The City may move forward with summary abatement of public nuisances and bypass the abatement procedures otherwise set forth in this chapter as follows: (1) Within forty-eight (48) hours after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions which present an imminent clear and present danger to life, health, and safety of occupants and/or the public, as determined by the Building Director; (2) Within fourteen (14) days after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions that constitute a nuisance on an existing substandard property/building, provided that a certificate that the property is substandard has previously been recorded against the property in the office of the county recorder and the conditions rendering the property substandard have yet to be abated by the property owner; (3) Within thirty (30) days after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions which render the property substandard and unsafe for human occupancy, provided that a certificate that the property is substandard is recorded against the property in the office of the county recorder; (4) Within thirty (30) days after providing notice to the property owner and posting notice in a conspicuous place on the property that the property is a chronic nuisance property. For purposes of this subsection, a chronic nuisance property is one characterized by repeated nuisance conditions with demonstrated property owner inaction as determined by policy of the Development Services Director, which may include but is not limited to multiple code enforcement proceedings within a 12-month period and/or excessive calls for service due to criminal or nuisance activity occurring while the property is vacant and unsecured. "FORM #28" Typical Code Enforcement Case Processing yC",q0` 0q MM PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 1 of 15 CHAPTER 8.80 ABATEMENT OF PUBLIC NUISANCES Sections: 8.80.010 Duty of property owner to abate. 8.80.020 General enforcement authority. 8.80.030 Authority to inspect. 8.80.040 Power to arrest. 8.80.050 Summary abatement of public nuisance. 8.80.060 Non -summary abatement procedures - Notices of violation. 8.80.070 Form of notices. 8.80.080 Abatement hearing. 8.80.090 Order after hearing; Right to appeal. 8.80,100 Discretionary notices. 8.80.110 Abatement by owner. 8.80.120 Civil violations —Injunctions and civil penalties. 8.80.130 Treble damages for subsequent abatement judgments. 8.80.140 Criminal viola8ons—Misdemeanors and infractions. CHAPTER 8.85 ASSESSMENTS RELATED TO ABATEMENT OF PUBLIC NUISANCES 8.85.010 Report and assessment list —Contents and filing. 8.85.020 Report and assessment list —Notice of Sling. 8.85.030 Council confirmation. 8.85.040 Payments to finance director. 8.85.050 Recording of lien. 8.85.060 Collection of assessments —Writ of execution non -judicial foreclosure. 8.85.070 Collection of assessments —Placement on tax roll. 8.85.080 Repayment of repair and demolition fund. BAKERSFIELD THE SOUND OF5 MI411'f Staff: Christian Clegg, City Manager Gary Hallen. Assistant City Manager Committee Members: Councilmember, Bruce Freeman - Chair Councilmember, Bob Smith Councilmember, Patty Gray Special Meeting of the Planning and Development Committee of the City Council - City of Bakersfield Wednesday, September 28, 2022 12:00 p.m. City Hall North -Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 AGENDA Meeting called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember Bruce Freeman, Chair Councilmember Bob Smith Councilmember Patty Gray City Staff: Christian Clegg, City Manager Gary Fallen, Assistant City Manager Virginia 'Ginny" Gennaro, City Attorney Ashley Zombrano, Deputy City Attorney Joshua Rudnick, Deputy City Attorney Christopher Boyle, Development Services Director Phil Burns, Building Director Paul Johnson, Planning Director Paul Saldana, Economic Development Director Jason Cater, Economic Development Manager 2. PUBLIC STATEMENTS a. Agenda Item Public Statements - No public statement b. Non -Agenda Item Public Statement- No public statement 3. ADOPT AUGUST 30, 2022, AGENDA SUMMARY REPORT The report was adopted as submitted. Motion by Committee member Gray and seconded by Councilmember Smith. Motion carried. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page of 15 Code enforcement officers are authorized to enter upon any property or premises to ascertain whether the provisions of the Bakersfield Municipal Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended. 8.80.040 Power to arrest. Code enforcement officers are authorized to arrest without a warrant any person whenever there is reasonable cause to believe that the person has committed a violation of the Bakersfield Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5, code enforcement officers can only arrest a person by issuing a misdemeanor field citation in the manner set forth in Penal Code Section 853.6. 8.80.050 Summary abatement of public nuisance. A. Notwithstanding any other provision of this Chapter, and without limiting any other available legal remedies which may be available, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated by the City. B. The City may move forward with summary abatement of public nuisances and bypass the abatement procedures otherwise set forth in this chapter as follows: (1) Within forty-eight )48) hours after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions which present an imminent clear and present danger to life, health, and safety of occupants and/or the public, as determined by the Building Director; PROPOSED REVISED CHAFFER 8.80 & NEW CHAP I'ER 8.85 Page 4 of 15 (2) Within fourteen (14) days after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions that constitute a nuisance on an existing substandard property/building, provided that a certificate that the property is substandard has previously been recorded against the property in the office of the county recorder and the conditions rendering the property substandard have yet to be abated by the property owner; (3) Within thirty (30) days after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions which render the property substandard and unsafe for human occupancy, provided that a certificate that the property is substandard is recorded against the property in the office of the county recorder; (4) Within thirty (30) days after providing notice to the property owner and posting notice in a conspicuous place on the property that the property is a chronic nuisance property. For purposes of this subsection, a chronic nuisance property is one characterized by repeated nuisance conditions with demonstrated property owner inaction as determined by policy of the Development Services Director, which may include but is not limited to multiple code enforcement proceedings within a 12-month period and/or excessive calls for service due to criminal or nuisance activity occurring while the property is vacant and unsecured. 8.80.060 Non -Summary Abatement Procedures -Notices of Violation A. Notice of Violation. Where a code enforcement officer determines that a violation or purported violation of the Bakersfield Municipal Code or State law exists upon real property, the code enforcement officer shall notify the property owner that a public nuisance is alleged to exist upon the owner's property, as follows: (1) Such notice shall require the property owner to respond to the allegation within seven days of the date of the notice. Where a code enforcement officer issues a correction order pursuant to the Uniform Housing Code, the California Building PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 5 or 15 Code, the California Electrical Code, California Plumbing Code and/or California Mechanical Code, the property owner shall correct the violation in a manner set forth in the order within a reasonable time to be determined by the code enforcement officer. (2) Such notice shall inform the property owner that failure to respond to the notice will result in the code enforcement officer performing an inspection to verify the alleged violation(s). If a violation is confirmed to exist, the cost of inspection shall be charged to the property or made a lien on the property in addition to other costs necessary to abate the public nuisance as provided in this chapter. B. Notice to Abate and Order to Show Cause. If, upon reinspection, the code enforcement officer determines that a violation continues to exist, the code enforcement officer shall issue a notice to abate public nuisance and order to show cause, as follows: (1) Such notice shall detail the specific violation(s) and deadline for abatement. The notice shall indicate that the cost to reinspect said violation, in addition to any further reinspection costs shall be charged to the property owner or made a lien on the property in addition to other costs necessary to abate the public nuisance as provided in this chapter. Should the owner fail to repair within the time stated in the notice or order, the city may seek all remedies provided for by law including those set forth in Health and Safety Code Section 17980.7. 8.80.070 Form of Notices. A. Unless otherwise specified, notices shall be mailed to the owner of real property on which a nuisance exists. Notice shall also be provided to tenants of residential buildings where the violation affects the health and safety of the occupants and which violates Section 1941.1 of the California Civil Code. B. If the name and address of such owner does not appear on the assessment all or is not otherwise known, a copy of such notice shall be conspicuously posted on the property affected. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page b of 15 C. The notices so posted shall be substantially the same as the notices mailed. D. The mailing or posting of all of the notices shall be completed at least ten (10) days before the time fixed for the hearing. E. The failure of any property owner or other party entitled to notice under this chapter to receive such notice shall not deprive the city of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment or personal obligation levied under this chapter. 8.80.080 Abatement Hearing A. Where a notice to abate nuisance and order to show cause has been issued under this chapter, the Building Director or designee shall hold a hearing at the time and place designated in the notice and shall receive all evidence presented on the issue of the need and necessity to abate any and all nuisances for which notice was given. B. The Building Director or designee shall act in the capacity of administrative hearing officer (hereafter, "Hearing Officer") and shall have the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision upon the existence of a nuisance or nuisances and the necessity to abate such, All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a nuisance and the necessity to abate. C. The burden shall be upon the city of Bakersfield to show the existence of any and all nuisances as noticed, and the necessity to abate such, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in reaching a decision. D. The hearing officer(s) shall cause the hearing to be tape recorded. Transcripts may be created at the expense of the person requesting the transcript. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 7 of 15 8.80.090 Order after abatement hearing; Right to appeal. A. After the conclusion of the hearing, the hearing officer(s) shall render a decision within ten days on the existence of a nuisance and the necessity to abate. The decision shall be issued as follows: (1) If such nuisance is not found to exist, or if the necessity to abate is not found to exist, the hearing officer(s) shall so notify all persons in writing who originally received notice; or, if such nuisance is found to exist and if the necessity to abate is also found, shall issue a written notice and order for abatement directing the nuisonce(s) to be abated, which shall be mailed to all persons originally receiving notice. (2) Any order issued for the abatement of nuisances under the Uniform Housing Code and/or the Uniform Code for the Abatement of Dangerous Buildings, shall state that the owner of the substandard or dangerous building may abate the nuisance within thirty days from the posting on the premises of a copy of the order of the hearing officer(s) declaring the property a nuisance. The order shall also be mailed to the property owner and in cases of violation(s) of the Uniform Code for the Abatement of Dangerous Buildings, to each mortgagee or beneficiary under any deed of trust, certified mail, postage prepaid, return receipt requested, with proof of service. B. Any person subject to an order to abate a nuisance after hearing may appeal the decision of the hearing officer to the city manager of the city of Bakersfield by filing a written request to appeal with the city clerk within ten days, or within thirty days in cases of violations of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings, from the date appearing on the notice and order to abate. The request for appeal must be received by the city clerk by five p.m. on the respective deadlines appearing on the notice and order, and the cost of appeal must be paid at the time the request for appeal is filed. If no appeal is filed, the city shall be deemed to have acquired jurisdiction to abate the nuisance or have the same done under its direction and supervision. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 8 of 15 C. As soon as practicable after receiving the appeal, the city manager, or his or her designee, shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The appellant shall be given written notice of the time and place of the hearing at least ten days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. The city manager or his or her designee shall act in the capacity of administrative hearing officer for purposes of hearing any appeal timely filed pursuant to this section; provided, however, the board of building appeals of the city of Bakersfield shall hear any appeal concerning the abatement of nuisances under the Uniform Code for the Abatement of Dangerous Buildings. The hearing officer, or the board of building appeals as the case may be, shall have authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision on the appeal. The hearing need not be conducted according to technical rules of evidence. The hearing officer may affirm, deny, or modify the order after abatement hearing that is the subject of the appeal, which decision shall be final. D. If after the issuance of a final order declaring a building a nuisance under the non -summary abatement procedures described above, and if no appeal has been timely filed or after an appeal has been timely filed but denied, the city shall be deemed to have acquired jurisdiction to abate such nuisance by repairing, securing against entry, razing or removing the building, unless the nuisance is abated by the owner or other person interested within the thirty day period or any extension thereof as may be granted by the hearing officer(s). In the event that the nuisance is not abated within the time prescribed, the city may raze and/or remove the building or have the some done under its direction and supervision. 8.80.100 Discretionary notices A. Certificate of Substandard Building. At any time and without restricting any other procedure or remedy which may be available, in cases involving alleged violation(s) of the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 9 of 15 California Building Code, California Plumbing Code, California Electrical Code and/or the California Mechanical Code, the building official, depending on the severity of the violation(s), may file in the office of the county recorder a certificate describing the property and certifying that: (1) the building is an alleged substandard building; and (2) the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed, or the building has been demolished so that it no longer exists as a substandard building on the property described in the certificate, or as a result of the hearing and/or appeals process it is found that the building is not in violation, the building official shall file a new certificate with the county recorder certifying that the building has been demolished, repaired, or that the building was found not to be substandard, whichever is appropriate. Should the owner fail to repair within the time stated in the notice or order, the city may seek all remedies provided for by law including those set forth in Health and Safety Code Section 17980.7 and may, thereafter, order the property to be vacated, secured and maintained against entry. B. Posting of Property Ordered to Be Vacated. If the code enforcement officer determines that a building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the occupants or the public, it shall be ordered to be vacated, secured and maintained against entry. Every property ordered to be vacated shall be posted at or upon each exit of the building and shall be substantially in the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. CITY OF BAKERSFIELD CODE ENFORCEMENT DIVISION C. Compliance with Order to Vacate. Where a property has been posted and ordered to be vacated as set forth in this section, notice of such vacation shall be provided to the property owner. No person shall remain in or enter any building which has been posted, except that entry may be made to repair, demolish or remove such PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 10 of 15 building where any required permit to do so has been acquired. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued. Any person violating this subsection shall be guilty of a misdemeanor. 8.80.110 Abatement by owner. A. Any owner of real property on which public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the city or its contractors to do the work; providing in all cases the work shall be done to the satisfaction of the city. B. It is unlawful for any property owner or other person to burn, or attempt to burn any weeds, debris, or waste matter without first obtaining written permission to do so from the chief of the fire department of the city. Any person or entity who violates this section shall be guilty of a misdemeanor. 8.80.120 Civil violations —Injunctions and civil penalties. A. In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the city of Bakersfield. B. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provisions of this code. C. As part of any court action, the city has the authority to require any person to post a performance bond to ensure compliance with the municipal code, applicable state codes or any judicial action. 8.80.130 Treble damages for subsequent abatement judgments. Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California PROPOSED REVISED CI IAPTER 8.80 & NEW CI IAPTER 8.85 Page I I of 15 Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code. 8.80.140 Criminal violations —Misdemeanors and infractions. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor; except that notwithstanding any other provisions of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provisions is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 12 of 15 CHAPTER 8.85 ASSESSMENTS RELATED TO ABATEMENT OF PUBLIC NUISANCES 8.85.010 Report and assessment list —Contents and filing A. When the work to abate a nuisance is done or caused to be done by the chief code enforcement officer pursuant to Chapter 8.80, he or she shall keep an account of the cost of abating such nuisances, including any applicable administrative charge(s) to be determined and apportioned by him or her upon each separate lot or parcel of land. B. All proposed charges and assessments shall be set for hearing pursuant to and in accordance with City Building Department written policy. C. The chief code enforcement officer shall include the account in a report and assessment list submitted to the city council, which he or she shall file with the city clerk. D. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge of all applicable city departments. 8.85.020 Report and assessment list —Notice of filing. A. The city clerk shall cause to be posted a copy of the report and assessment list on the bulletin board near the council chamber in the City Hall, together with a notice of filing the some 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 date fixed therein. B. The chief code enforcement officer shall also mail and/or post copies, as the case may be, of the notice to all the owners of property and any mortgagee or beneficiary under any deed of trust where violations of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings exist, as the case may be, on which such a nuisance was abated for the time, and in the manner, and with like effect, as provided in Chapter 8.80. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 13 of 15 8.85.030 Council confirmation. A. The assessment list prepared by City staff shall be presented to the City Council on a routine basis for consent approval at a public meeting. B. The city council may amend, alter, modify or correct the assessment in such manner as to them shall seem just, and may require the revision or correction to be completed according to their directions. C. All of the decisions and determinations of said city council shall be final and conclusive. D. Said assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid or foreclosed as provided for herein. E. All such assessments remaining unpaid thirty days after the date of recording shall become delinquent. An additional ten percent administrative service charge and interest at the rate of one percent per month shall be added to any assessment which is delinquent. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable cosh. 8.85.040 Payments to finance director. Any property owner may pay the amount assessed against said property at the office of the finance director at City Hall North, 1600 Truxtun Avenue, Bakersfield, California, and the lien thereof against the property affected shall be released. However, where the city chooses to place assessments confirmed under this chapter on the property tax roll for collection, the property owner must pay the assessment prior to five p.m. on June 30th, following completion of the work. 8.95.050 Recording of lien. A. Unless the amount assessed has been paid within ten days of city council action confirming the same, the chief code enforcement officer shall cause to be filed in the office of the recorder of the county of Kern a notice of lien. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 14 of 15 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. 8.85.060 Collection of assessments —Writ of execution non -judicial foreclosure. A. Any nuisance abatement lien created under this chapter may be foreclosed as provided for in California Government Code Section 38773.1. B. Where the city elects to pursue such remedy, the code enforcement officer shall, prior to recording, serve a notice of lien on property owner upon which the nuisance exists. C. Service required under this subsection shall be made as required under Code of Civil Procedure Section 415.10 et seq. However, if the owner of record, after diligent search cannot be found, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Kern County pursuant to Government Code Section 6062. 8.85.070. Collection of assessments —Placement on tax roll. A. Annually on the date set by the Kern County auditor controller after completion of work and levying of assessments therefor, the chief code enforcement officer may cause the amounts of said assessments, along with all accrued administrative service charges and interest, remaining unpaid against the respective 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 of the tax bills applicable to such property. B. Thereafter said amounts may 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 procedures and sale in case of delinquency. C. All laws and ordinances applicable to the levy, collection and enforcement of city property taxes and benefit assessments shall be applicable to such special assessments. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 15 of 15 8.85.080 Repayment of repair and demolition fund. All money recovered by payment of any charge or assessment, or from the sale of property at foreclosure sale as a result of enforcement action provided for herein, shall be paid to the finance director, who shall credit the proceeds to the repair and demolition fund established pursuant to Section 15.24.060 of the Bakersfield Municipal Code. S:\COUNCIL\Ords\22-23\DRAFT-Chapter 8.80 of the Bakersfield Municipal Code_AZedits_ 10.20.22.rtf PROPOSED REVISED CHAPTER 8.80 & NEW Cl IAPTER 8.85 Page 1 of 12 CHAPTER 8.80 ABATEMENT OF PUBLIC NUISANCES Sections: 8.80.010 Duty of property owner to abate. 8.80.020 General enforcement authority. 8.80.030 Authority to inspect. 8.80.040 Power to arrest. 8.80.050 Summary abatement of public nuisance. 8.80.060 Non -summary abatement procedures—i 8.80.070 Form of notices. 8.80.080 Abatement hearing. 8.80.090 Order after hearing; Right to appe& >;, 8.80.100 Discretionary notices. .. 8.80.110 Abatement by owner. 8.80.120 Civil violationslnjuncbt4p9 ,civil p 8.80.130 Treble damages for subseryfi' a p 8.80.140 Criminal violation s—MisdeiIlnorsani ABATEMENT OF PUBLIC NUISANCES 8.85.010 ""ort and asses apt list—Cuntents and filing. 8.85.020 Re and assessikot list —Notice of filing. 8.85.030 Counci"0nfirmatflfftl. 8.85.040 Paymentsib C director. 8.85.050 Recording of lien. 8.85.060 Collection of assessments —Writ of execution non judicial foreclosure. 8.85.070 Collection of assessmentsPlacement on tax roll. 8.85.080 Repayment of repair and demolition fund. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 3 of 12 examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended. 8.80.040 Power to arrest. Code enforcement officers are authorized to arrest without a. reasonable cause to believe that the person has committed a or applicable state codes in his or her presence. Pursuant tN��ms officers can only arrest a person by issuing a misdertfo'plmr field Code Section 853.6. (Ord. 3666 § 2, 1995) 8.80.050 Summary abatement of public nuisance. A. Notwithstanding any other provision remedies which may be available, any c provisions of this code sh,,ed a B. The City may moviP procedures otherwise set (I 6t any person whenever there is of the Bakersfield Municipal Code Section 836.5, code enforcement AIRthe manner set forth in Penal bout limiting any other available legal ttpd;o exist in violation of any of the be slfarily abated by the City. and bypass the abatement nice to the property owner and posting notice in a ans which present an imminent clear and present and/or the public, as determined by the Building (2) Within faurteerf VA) d s er providing notice to the property owner and posting notice in a conspicuous place igt,*i property, for conditions that constitute a nuisance on an existing substandard property/building, provided that a certificate that the property is substandard has previously been recorded against the property in the office of the county recorder and the conditions rendering the property substandard have yet to be abated by the property owner; (3) Within thirty (30) days after providing notice to the property owner and posting notice in a conspicuous place on the property, for conditions which render the property substandard and unsafe for human occupancy, provided that a certificate that the property is substandard is recorded against the property in the office of the county recorder; PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 5 of 12 repair within the time stated in the notice or order, the city may seek all remedies provided for by law including those set forth in Health and Safety Code Section 17980.7. 8.80.070 Form of Notices. A. Unless otherwise specified, notices shall he mailed to the owner of real property on which a nuisance exists. Notice shall also be provided to tenants of residential buildings where the violation affects the f., health and safety of the occupants and which violates Section 194. she California Civil Code. ;gym. N.­"" '"s. B. If the name and address of such owner does not app�°fpn m¢1&Ssessmen[ roll or is not otherwise known, a copy of such notice shall be conspicuously now on the propeffected. C. The notices so posted shall be substantially tki&fie as the notices D. The mailing or posting of all of the notices shall be14," least ten (10) 40 before the time fixed for the hearing. B. The failure of any property owner or otljpp party'ipti))"9d to no�pder this chapter to receive such notice shall not deprive.'Sjunsdlctitf4-So pro'Lirbffect 1ffny manner the validity of the proceedings taken or td; yp„ taken or 2 ny assessumIAv,`personal olfi ation levied under this chapter. u:Y 8.80.080 All ryent HeS r; £ A W$F3 notice to §f nmtsaand order of tbpw cause has been issued under this chapter, the Building I*Vctor or designed hol4'aring at the time and place designated in the notice and shall receive all ev1A a presented ott` re Issue+p ?$he need and necessity to abate any and all nuisances for which notice was aism. B. The Building Directof4 shall act in the capacity of administrative hearing officer (hereafter, "Hearing Officer") and shall"fi't'i the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision upon the existence of a nuisance or nuisances and the necessity to abate such. All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a nuisance and the necessity to abate. C. The burden shall be upon the city of Bakersfield to show the existence of any and all nuisances as noticed, and the necessity to abate such, by a preponderance of the evidence presented at the hearing. PROPOSED REVISED CHAP IER 8.80 & NEW CHAPTER 8.85 Page 7 of 12 The appellant shall be given written notice of the time and place of the hearing at least ten days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. The city manager or his or her designee shall act in the capacity of administrative hearing officer for purposes of hearing any appeal timely filed pursuant to this section; provided, however, the board of building appeals of the city of Bakersfield shall hear any appeal concerning the abatement of nuisances under the Uniform Code for the Abatement of Dangerous Buildings. The hearing officer, or the bogA}T building appeals as the case may be, shall have authority to receive all relevant evidence sweat"**t`sses, question witnesses, demand the production of documents and witnesses, and otherwise informed decision on the appeal. The hearing nee(l, and proper to reach an iu to technical rules of evidence. The hearing officer may affirm deny dify the order after', hearing that is the subject of the appeal, which decision shall be fine:,:. D. If after the issuance of a final declaring a� s a nuisance ender itie non -summary 5 Y 3f abatement procedures described above eal has ely filed or after an appeal has been timely filed but denied, the city shall be de ed [,ucqurzed�iction to abate such nuisance by repairing, securing againgtr�°€�izmg or refjYpving ton the nuisance is abated by the owner or other persodjo*ested AWin the thirty-,'iod or tension thereof as may be granted by the hearing officers) AhAbe event,41at the nuistutcB is not abated within the time prescribed, the city t may raze and W pignnive the same f ,e under its direction and supervision. A. Certicaio Subsrandord",,Af)jldmg -At�any time and without restricting any other procedure or remedy which mii]tg available dti;�ases involving alleged violation(s) of the Uniform Housing Code, ai Uniform Code for the" Cement pf„ Bangerous Buildings, California Building Code, California Plumbing Code, California Electric aT0:a�9tid/or the California Mechanical Code, the building official, depending on the severity of the violatom (s'), may file in the office of the county recorder a certificate describing the property and certifying that: (1) the building is an alleged substandard building; and (2) the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed, or the building has been demolished so that it no longer exists as a substandard building on the property described in the certificate, or as a result of the hearing and/or appeals process it is found that the building is not in violation, the building official shall file a new certificate with the county recorder certifying that the building has been demolished, repaired, or that the building was found not to be substandard, whichever is appropriate. Should the owner fail to repair within the time stated in the notice or order, the city may PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 9 of 12 A. In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the city of Bakersfield. B. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provisions of this code. C. As part of any court action, the city has the authority to bond to ensure compliance with the municipal code, applicable 8.80.130 Treble damages for subsequent Pursuant to California Government Code Section ll or criminal judgment within a two-year period that that may be abated in accordance with, min the owner to pay treble the costs of d*'abl(sgR pursuant to Section 17980 of the Californi1th` 8.80.140 Criminal upon the entry person to post a performance ,r any judicial action. or subsequent civil ible for a condition Section 38773 5, a�coun may order shall not include conditions abated It shall be unlawful for ,persorrq violate afz�rovision or to fail to comply with any of the requirements Y� code A' o, ,`Ksiipy��;, of the-,pYpvlsions or failing m comply with any of the manda[�t'mremetllt$ fkf this tlot�-shall cons, a misdemeanor; except That notwithstanding any other proV# pas of this each y such,ilibiation constituting a misdemeanor under this code may, in the discretion ol"llbs, city attomcy,"*,",,charged,"aJmJ prosecuted as an infraction. Any person convicted of a misdemeanor or' Ilhe provlsloh¢r�+f this code, unless provision is otherwise herein made, shall be punishable by a fine Of11ot moreIlam one thousand dollars or by imprisonment in the county jail for a period of not more than rholSfNs or by both fine and imprisonment. Any person convicted of an infraction under the provisf6k of this code, unless provisions is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. PROPOSED REVISED CHAPTER 8.80 & NEW CI ME I'ER 8.85 Page 11 of 12 B. The city council may amend, alter, modify or correct the assessment in such manner as to them shall seemjust, and may require the revision or correction to be completed according to their directions. C. All of the decisions and determinations of said city council shall be final and conclusive. D. Said assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid or foreclosed as provided for herein. E. All such assessments remaining unpaid thirty days aiie date of recording shall become gs delinquent. An additional ten percent administrative servlc¢#11itg6interest at the rate of one percent per month shall be added to any assessment which is tjltquent. Shoul��e� >city resort to court action to collect amounts due, the city shall be entitled alsoaW140ect its reasonable coaJa 8.85.040 Payments to finance director. Any property owner may pay the am`d r director at City Hall North, 1600 Truxmn� property affected shall be rAgssed. Howe C under this chapter onroll prior to five p.m. on JuY!{fr`,$, th, follow cc 8.85.050 A. Hd9 ;the amount asibli* has the chief cor'; enforcement oftr Kenn a nonce Alien. ... property at the office of the finance Irma, and the lien thereof against the %sr osplace assessments confirmed Nty owner must pay the assessment work. vithitf n days of city council action confirming the same, to be filed in the office of the recorder of the county of B. From and after th6 of themnording of the notice of lien in the office of the recorder of the county of Kern, as in this section all persons shall be deemed to have full notice thereof. 8.85.060 Collection of assessments —Writ of execution non -judicial foreclosure. A. Any nuisance abatement lien created under this chapter may be foreclosed as provided for in California Government Code Section 38773.1. B. Where the city elects to pursue such remedy, the code enforcement officer shall, prior to recording, serve a notice of lien on property owner upon which the nuisance exists. PROPOSED REVISED CHAPTER 8.80 & NEW CHAPTER 8.85 Page 12 of 12 C. Service required under this subsection shall be made as required under Code of Civil Procedure Section 415.10 et seq. However, if the owner of record, after diligent search cannot be found, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Kern County pursuant to Government Code Section 6062. 8.85.070 Collection of assessments —Placement on tax roll. A. Annually on the date set by the Kern County auditor condaiflhilafter completion of work and levying 5 of assessments therefor, the chief code enforcement offieee*ay eau`s'�,` 4,,be amounts of said assessments, along with all accrued administrative service charges, Interest, remauf ,,*,,unpaid against the respective lots or parcels of land to be entered and extended niTdTie property tax roll, imd: nrsuant to law, the county tax collector shall include the sum of the tax bills ape to such,property. �y. B. Thereafter said amounts may be col at the same 1j and in the same manner as general ad valorem taxes are collected, and will be siy ecfht same pen ,and the same procedures and sale in case of delinquency. C. All laws and ordl apphdghlq to the levy �gaWon and;�#p$prcement of city property taxes and benefit assessments sha�`.i}8applicabie,' , such spectgt"'issessments. 8.85.080 All mon hY;locpovered by pa of anq'glhprge or assessment, or from the Bale of property at foreclosure sale as a resp` t"'Of enforcement i on provldaifor herein, shall be paid to the finance director, who shall credit the proceedwtq the repair iffd demolition fund established pursuant to Section 15.24.060 of the Bakersfield Municipai.e. _ S9COtJNCIL\Ords\22-23\DR F1'-0hapte,890ofthe Bakersfield Municipal Cnde_Aldits_1020.22of