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HomeMy WebLinkAboutORD NO 3440ORDINANCE NO. 8~4 0 AN ORDINANCE AMENDING SECTIONS 8.27.030, 8.28.025, 8.29.040 AND 8.32.080; REPEALING SECTIONS 8.28.030 THROUGH 8.28.150 RRT.ATING TO GENERAL ABAT~z4ENT PROVISIONS IN CfL%Fi~R 8.28 (WEEDS AND DEBRIS) AND SECTIONS 8.29.080 THROUGH 8.29.200 RELATING TO GENERAL ABATEMENT PROVISIONS IN CHAPTER 8.29 (LI'--,'~R CONTROL) OF THE BAKERSFIR?.n MUNICIPAL CODE. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Section 8.27.030 of the Bakersfield Municipal Code relating to Property Maintenance is hereby amended to read as follows: 8.27.030 Abatement. As an alternative to the enforcement provided in Chapter 1.40, the Building Director may take action to abate the nuisance, pursuant to Chapter 8.80 of the Bakersfield Municipal Code. SECTION 2. Section 8.28.025 of the Bakersfield Municipal Code relating to Weeds and Debris is hereby amended to read as follows: 8.28.025 Means of abatement - Discretion of fire chief. Except as the chief of the Bakersfield City Fire Department or his authorized representative (hereinafter in this chapter referred to as the "chief") determines otherwise, the abatement of each nuisance described in Sections 8.28.010 and 8.28.020 shall be accomplished by the complete removal of all weeds and waste matter, as defined. The chief may, at his discretion, determine and direct that the nuisance be abated by removal of less than all such weeds and waste matter. The chief may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. ORIGiI~L SECTION 3. Section 8.29.040 of the Bakersfield Municipal Code relating to Litter Control is hereby amended to read as follows: 8.29.040 Nuisance - Abatement. In addition to subjecting the violator to the penalties described in this code, each violation of the provisions of this chapter is, and is declared to be, a public nuisance, subject to abatement as provided herein below. Additionally, the building director may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. SECTION 4. Section 8.32.080 of the Bakersfield Municipal Code relating to Refuse is hereby amended to read as follows: 8.32.080 Accumulation unlawful - Abatement. It is unlawful and declared to be a public nuisance for any owner or occupant to permit the accumulation of refuse/solid waste to become or remain offensive, unsightly, or unsafe to public health or hazardous from fire, or to deposit, keep, or accumulate, or permit or cause any refuse/solid waste to be deposited, kept, or accumulated upon any lot or parcel of land, or any public or private place, street, lane, alley, or driveway, except as provided in this chapter. The Water and Sanitation Manager may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. SECTION 5. Sections 8.28.030, 8.28.040, 8.28.050, 8.28.060, 8.28.070, 8.28.080, 8.28.090, 8.28.100, 8.28.110, 8.28.120, 8.28.130, 8.28.140 and 8.28.150 relating to provisions in Chapter 8.28 (Weeds and Debris) are hereby repealed. SECTION 6. Sections 8.29.080, 8.29.090, 8.29.100, 8.29.110, 8.29.120, 8.29.130, 8.29.140, 8.29.150, 8.29.160, 8.29.170, 8.29.180, 8.29.190 and 8.29.200 relating to provisions in Chapter 8.29 (Litter Control) are hereby repealed. - 2 - ORIGINAL 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. .......... O00 .......... 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 JAN 2 9 19§~ , by the following vote: AYES; COUNCILMEMBERS: EDWARO~ DEMON{), SMITH, BRUNNI, I~TERSON, McOERMOl'T, SALVAGGIO N~S; COU~IL~M~RS: ~ ~NT COUN~LMEMBERS: ~ ~TAIN: CO~CILMEMBE~' ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 2 9 1992 CLARENCE E. ~mDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg ABATE\ GEN-ABATE.O-4 12/30/91 - 3 - ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, acting and of Bakersfield; and that on the 5th day posted on the Bulletin Board at City Hall, the following: Ordinance No. City Council at a meeting held on the and entitled: deposes and says: qualified City Clerk of the City of February , 19_9j~ she a full, true and correct copy of 3440 , passed by the Bakersfield 29th day of January , 1992 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: ,~.~ ~/ DEPUTY City Clerk