Loading...
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