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Home My WebLink AboutORD NO 4334 ORDINANCE NO. 4334 AN ORDINANCE AMENDING CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MISCELLANEOUS REGULATIONS OF THE UNIFORM FIRE CODE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.64.036 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.036 Section 103.4.1 amended-Compliance orders and notices. Section 103.4.1.1, Compliance Orders and Notices, of the Uniform Fire Code is amended to read as follows: General. When the chief finds any buildings, premises, vehicle, storage facility outdoor area or use of the aforementioned that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violators past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator s ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. S:\CÜU NC I L\Qrds\05-06 Ords\ 15.64.021 MiscRegFi reCodePenaltyFnl.doc -- Page 1 of 4 Pages n '< y,Mf;): ::) lP,.., >- m ~..:::. t- o co "",,-::INAI EXCEPTION: This section does not do any of the following: 1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation. 2. Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. 3. Prevent the chief from cooperating with or participating in a proceeding specified in paragraph (2). SECTION 2. Section 15.64.350 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.350 Duty to enforce code-Operational authority The Fire Code and Chapter 8.44 shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the memorandum of understanding between the city of Bakersfield and the county of Kern in effect at the time of enforcement. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct members of that agency's fire department in the enforcement of the Fire Code. SECTION 3. Section 15.64.480 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.480 Violation-Penalty. Except as provided herein, any person, firm or corporation convicted of violating any of the provisions of this code, or for failing to comply with any notice or order given pursuant to this chapter, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. The maximum penalty for a conviction of a misdemeanor violation of any section of Article 78 of the Fire Code or Chapter 8.44 shall be a fine of not more than $1,000.00, or imprisonment for not more than six '< <Ç f\K~,y S:\CQUNCIL\Ords\05-06 Ords\15.64.021MiscRegFireCodePenaltyFnl.doc C· .~\ -- Page 2 of 4 Pages n >- ñí >- ,... Õ c> nRIr,'''^' months, or by both such fine and imprisonment. The maximum administrative penalty for a violation of any section of Article 78 of the Fire Code or Chapter 8.44 shall be a fine of not more than $1,500.00. Each day of continuation of a violation is a separate offense. SECTION 4. This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -------00000------- S:\CQUNCI L \Ords\05-06 Ords\ 15.64.021 MiscRegFi reCodePenaltyFnl. doc -- Page 3 of 4 Pages n ~ 'èMf"i'. c ó' '" >- - >- m _ c- O C) 'ìRIGI~IAI I HEREBY CERTIFY that the foregoing Ordinance was passed and adoPte~ by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 2q06 by the following vote: ,~ NOES: ABSTAIN: ABSENT: ..............- V ,_,../ COUNCILMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER ___~_~~__~~~~__.__~___~_~_____~_~~~__~ COUNCILMEMBER v- l/ ~ l/ .----,----- ---------_._-------------~---------- CITY CLERK and EX OFFICIO Council of the City of Bakersfiel APPROVED: MAR 8 2006 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: L..-, Z2 d(;¿)..-.- t/ JANICE CAN LAN Assistant City Attorney JAN:AMS:lsc:dll S:\CQUNC I L \Ords\OS-06 0 rds\ 15.64.021 MiscRegFi reCodePenaltyFnl.doc n Page 4 of 4 Pages n 'QMf-$J ~ "';" >- ííí \;:: r- c) C) ()RIGINAI -~._--_._,_.._-..__...,-_.._^_._--,----_._~--~._."_...- 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 .Jlib.. day of March, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4334 passed by the Bakersfield City Council at a meeting held on the~ day of March, 2006 and entitled: AN ORDINANCE AMENDING CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MISCELLANEOUS REGULATIONS OF THE UNIFORM FIRE CODE PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Ba~ersfield By:~~Jé DEPU City lerk S:\DOCUMENT\FORMSIAOP. ORD. wpd «. 'òMf1' () ~ >- - >- m _ r- c) Ö ORIGINAL