HomeMy WebLinkAboutORD NO 3744ORDINANCE NO. ~1 ? ZJ: 4
AN ORDINANCE AMENDING SUBSECTION A.
OF SECTION 8.80.100; SUBSECTION B. OF
SECTION 8.80.110; SUBSECTIONS A., B., AND
C. OF SECTION 8.80.120 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO ABATEMENT OF PUBLIC NUISANCES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Subsection A. of Section 8.80.100 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.80.100 Hearing.
A. Where a notice to abate nuisance and order to show cause has been issued
under this chapter, the department head/director designated by the city manager, or in the
case of violations of the Uniform Code for the Abatement of Dangerous Buildings, the board
of building appeals, shall hold a hearing at the time and place designated in the notice to abate
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.
SECTION 2.
Subsection B. of Section 8.80.110 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.80.110 Order after hearing -- General.
B. Except as provided in Section 8.80.120, after a decision by the headrig officer(s),
any person subject to an order to abate a nuisance may appeal the decision of the hearing
officer to the city council of the city of Bakersfield by filing a written request to appeal with the
city clerk within ten days from the date appearing on the notice and order to abate. Said
request for appeal must be received by the city clerk by 5:00 p.m. on the tenth day from the
date appearing on said 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.
SECTION 3.
Subsections A., B., and C. of Section 8.80.120 of the Bakersfield Municipal Code are
hereby amended to read as follows:
8.80.120
Resolution and order after hearing w Uniform Housing Code and Uniform
Code for Abatement of Dangerous Buildings.
A. Any resolution or 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 or resolution of the hearing
officer(s) declaring the property a nuisance. The order or resolution shall also be mailed to the
property owner and each mortgagee or beneficiary under any deed of trust, certified mail,
postage prepaid, return receipt requested, with proof of service.
B. Any owner or other interested person having any objections, or feeling aggrieved
at any proceedings taken by the hearing officer(s) in ordering abatement of nuisances under
the Uniform Housing Code and/or the Uniform Code for the Abatement of Dangerous
Buildings, must bring an action in a court of competent jurisdiction within thirty days after the
date of posting on said premises a notice of the passage of the order or resolution to contest
the validity of any proceedings leading up to and including the adoption of the order or
resolution; otherwise all objections will be deemed to have been waived.
C. Thirty days after the posting of the copies of the order or resolution declaring any
building a nuisance under the Uniform Housing Code and/or the Uniform Code for the
Abatement of Dangerous Buildings, 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
pedod 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 thereupon raze and remove
the building so declared to constitute a nuisance or have the same done under its direction and
supervision.
SECTION 4.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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II 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 ~ ! ~ ~997, by the
following vote: AYES: COUNCILMEMBER DeMONO, CAP, SON, ~ M~OERMOTf, ROWLES, SULLIV~,N,
NOES: COUNCILMEMBER ~,A..~
ABSTAIN: COUNCILMEMBER '¥k~.U"f~
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio¢Cterk of the
Council of the City of Bakersfield
APPROVED
MAR t 2 1997
BOB P C/
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
By:
'-~ARL HERNANDEZ, III
Deputy City Attorney
CH/cj
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on
the 14th day of March, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3744, passed by the Bakersfield City Council at a meeting held
on the 12th day of March, 1997, and entitled:
Ordinance amending Subsection A. of Section 8.80.100; Subsection
B. Of Section 8.80.110; Subsections A, B, and C of Section 8.80.120
of the Bakersfield Municipal Code relating to Abatement of Public
Nuisances
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City