HomeMy WebLinkAboutORD NO 3435ORDINANCE NO. 8 & 3 5
AN ORDINANCE AMENDING SECTION
8.20.040, SECTION 8.20.060, SUB-
SECTION B. OF SECTION 8.20.120,
ADDING SUBSECTION E. TO SECTION
8.20.130, AMENDING SECTION 8.20.140,
SUBSECTION A. OF SECTION 8.20.150 OF
THE BAKEI~SFIELD MUNICIPAL CODE
RELATING TOPESTABAT~ENT.
BE IT ORDAINRD by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 8.20.040 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.20.040 Method of extermination.
Such nuisances shall be abated by spraying, safely and
in conformance with all applicable laws and regulations, any
infected trees or shrubs with an insecticide or fungicide, or
otherwise treating them, as the particular case may require, so as
to completely exterminate such parasites or insect pests from the
trees or shrubs affected; provided, whenever any tree or shrub is
found to be in such a condition from the infection of parasites or
insect pests that, in the opinion of the city manager or his
designee, it is impossible to save it, the owner of the land on
which such tree or shrub is growing shall completely destroy the
same by removing such.
SECTION 2.
Section 8.20.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.20.060 Notice to exterminate - Form.
Said notices shall be substantially in the following
form:
NOTICE TO DESTROY TREE PESTS
NOTICE IS HEREBY GIVEN, pursuant to the provisions of
Chapter 8.20 of the Bakersfield Municipal Code, that certain trees
and shrubs on property assessed to you in the City of Bakersfield
are infested or infected with parasites or insect pests which
should be exterminated by spraying them or by trimming said trees
and shrubs, or otherwise exterminating said parasites or insec~
ORI(~iiNAL
pests as directed by the City, otherwise said parasites or pests
may spread to, and injure or destroy other trees or shrubs in the
neighborhood, and that such condition constitutes a public
nuisance.
YOU ARE HEREBY NOTIFIED to exterminate said parasites or
insect pests within seven (7) days from the date of this notice.
If not abated within such time, the City of Bakersfield will abate
such public nuisance or cause the same to be abated, in which case
the expense thereof will be assessed upon your property and will
constitute a tax lien thereon as provided in Chapter 8.20 of the
Bakersfield Municipal Code and will be collected on the tax roll
upon which property taxes are collected.
YOU ARE FURTHER NOTIFIED to appear before the City
Council of the City of Bakersfield on , at the hour
of 7:00 P.M. in the Council Chambers in the City Hall, 1501
Truxtun Avenue, Bakersfield, California, and show cause, if any
you have, why said nuisance should not be found to exist and the
same ordered abated as provided in said ordinance.
Dated:
SECTION 3.
Subsection B. of Section 8.20.120 of the Bakersfield
Municipal Code is hereby amended to read as follows:
8.20.120 Report and assessment list - Notice of filing.
form:
B. Said notices shall be substantially in the following
NOTICE OF FILING REPORT AND
ASSESSMENT LIST FOR
EXTERMINATING TREE PESTS, AND
OF HEARING THEREON
NOTICE IS HEREBY GIVEN that the City of Bakersfield has
filed with the City Clerk of said City a report and assessment
list covering the cost of exterminating parasites and insect pest
from trees and shrubs growing on private property in said City, a
copy of which is posted on the bulletin board near the Council
Chambers in City Hall.
Your property is assessed therein in the sum of
- 2 -
NOTICE IS FURTHER GIVEN that on ~ at
the hour of 7:00 P.M. in the Council Chambers in said City Hall
said report and assessment list will be presented to the City
Council of said City for consideration and confirmation, and any
and all persons interested, having any objections to said report
and assessment list, or to any other matter or thing relating
thereto, may appear at said time and place and be heard.
NOTICE IS FURTHER GIVEN that you may pay said
assessment, along with all accrued administrative service charges
and interest, at the office of the of the City of
Bakersfield at any time before 5:00 P.M., June 30, 19__, and if
not paid within that time it will be entered against your property
on the City tax roll.
Dated:
SECTION 4.
Subsection E. of Section 8.20.130 is hereby added to the
Bakersfield Municipal Code to read as follows:
8.20.130 Hearing and confirmation.
E. All such assessments remaining unpaid sixty (60)
days after the date of recording shall become delinquent. An
additional ten percent (10%) administrative service charge and
interest at the rate of one percent (1%) per month will 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 costs.
SECTION 5.
Section 8.20.140 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.20.140 Payments.
Any property owner may, at any time prior to 5:00 P.M.
on June 30 following the completion of said work, pay the amount
assessed against his property, along with all accrued
administrative service charges and interest, to the city manager
or his designee at City Hall, 1501 Truxtun Avenue, and the lien
thereof against the property affected shall be released.
- 3 -
ORIGINAL
SECTION 6.
Subsection A. of Section 8.20.150 of the Bakersfield
Municipal Code is hereby amended to read as follows:
8.20.150 Collection of assessments as taxes.
A. After said June 30th, the city shall 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.
SECTION 7.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
- 4 -
ORIGINAL
I ~LEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN 2 9 1992 , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS. DeMOND, SMITH, BRUNNI, PETERSON, McOERM0'Fr. SALVAGGIO
NO~S; COUNCILMEMbERS'
,~NT COUNC,ILM~MBERS:
~TAIN: COUNCiLMEMBERS*
CITY C ' ' of the
Council of the City of Bakersfield
APPROVED JAN ~ ~ 1992
CL~C~. E. M~DDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
· LU~ARDINI
CITY ATTORNEY of the City of Bakersfield
MGA/meg
ABATE\
PESTABAT.O-4
1/7/92
- 5 -
ORI[,'INAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ord±nance
City Council at a meeting held on
and entitled:
deposes and says:
acting and qualified City Clerk of the City
5th day of _ February , 19 92 she
City Hall, a full, true and correct copy of
No. 3435 passed by the Bakersfield
the 29th day of January 19 92,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By: ~
DEPUTY City Clerk