HomeMy WebLinkAboutORD NO 123ORDINANCE NO. / ~/3
NEW -.=SER. I ES. · .." --~
AN ORDLNANCE PROHIBITING THE GROWING OR
ERADICATION THEREOF; ~AKING THE VIOLATION
HEREOF A MISDEMEANOR AND PROVIDING A
PENALTY THEREFOR.
!gHEREAS, ~he immediate preservation of the public property
and safety requires the passage of an emergency ordinance relating
to the planting or growing o~ the female populus fremontii wars
tree or trees commonly known as the female cottonwood tree.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
of BAKERSFIELD, as follows:
SECTION 1.
It shall be unlawful for the owner, lessee, sub-lessee,
agent or manager of any lot, piece or parcel of land within the
City of Bakersfield, to plant, grow or permit to Be planted or
grown any female populus fremontii wats tree or trees commonly
known as female cottonwood tree or trees which bear aeeds of a
cotton, wingy or downy nature, within said City, or upon the streets
parking or sidewalk spaces in front of, or adjoining said lot,
lots or parcel of land.
SECTION
Any violation of the foregoing Section shall be deemed
a misdemeanor and'upon conviction thereof shall be puhishable
hy a fine not exceeding Three Hundred ($3Q0.00). Dollars or imprison-
ment in the C0unty'Jail for a period not exceeding ninety (90)
days, or by both such fine and imprisonment~
SECTION
Should any such owner, lessee, sub-lessee, agent or manager
fail, neglect or refuse to remove sUCh female .po'Pulus-:.,.f.._remomt~.t/s': '...:..
'... ...... .".'.'. .....
tree 'or trees, (commonly known,as female cottonwood. tree or trees')j."..' ."
on 'or before the /~ day of · , 1922, and.
thereafter keep said female populus f wars tree or trees,
(commonly known as female cottonwood tree or trees) from being
pla~te~.or.~':grown,'.upon said property, it shall be lawful for the
City of Bakersfield, its officers, agents or Servants to enter
upon said property and post thereon in a conspicuous place a
notice substantially in the following form:
NOTICE.
'10 REMOVE FF2~ALE POPULUS FREMONTII TREE OR TREES.
NOTICE ISHEREBY GIVEN to the owner, lessee, sub-lessee
agent or manager of the property on which this notice is posted to
wars
remove therefrom all female populus fremontii/trees, commonly
'known as cotton wood trees, within twenty (20) days from the date
hereof.
NOTICE ISHEREBY GIVEN, that if the owner, person or
persons having the management or control of this property does not
remove such trees within the time herein started, the City of
Bakersfield will proceed to remove the same under the direction of
the Superintendent of Streets and will charge the cost· of the
work together with a penalty ~f fifty (50) per cent thereof, to
the owner, lessee, sublessee, agent or manager of said property.
If same is not .paid within thirty (30) days from the date
when'such work i2 fully completed, an additional five (5) per cent
penalty will be added, and a like penalty ever month thereafter
until the same is fully paid. Said costs and penalties shall be
· and. b~come a lien on-this property, .......................... :
DATED this day of , 1922.
SUPERINTENDENT OF STREETS.
SECTION 4.
~2-
Should the' .owner,
said property fail, neglect or'refUse to remove said.populus
· .wars tree or trees (commonly known as female cottonwood tree
(20) .... ."~".' '.""~.""'L:':.~
within twen~y'~ days from the date of the posting of said notice:
on any such property, then it shall be lawful for the City of BakersT
field, its officers', agents or servants, ~mder the direction of the,'''~
Superintendent of Streets, to enter on said property and to'remove
female
therefrom or destroy thereon said/populus fremontii wats tree or
trees· (commonly known as female cottonwood tree or trees), and to
charge the costs thereof to the said owner, lessee, sub-lessee, agent
or manager, together with a fifty (SO) per cent penalty, and should
said costs and penalty be not fully.paid and satisfied on or before
one month :from the time said work is fully completed, then an
additional five (~) per cent penalty shall be added and a like
penalty every month thereafter ~ntil the same is fully paid, said '.
costs and penalties shall become a lien on the property on
which the above notice was posted, and from which the' $e~ale~pop~tus
fremontii wats tree or trees (commonly known as female cotton wood
tree or trees) were removed by the ·City of Bakersfield.
A statement of ~aid costs and penalties for the work on
each separate parcel of land shall be made out by the Superintendent
of Streets and kept' on file in his office, and .the said Superintendent
of Streets is hereby authorized and directed to accept payment of
the same.
SECTION 5.
This Ordinance is designed. for the immediate preservation
of the public property and safety and is hereby declared to be an
emergeney measure, and shall be in full force and effect immediately
-upon its passage.
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield, on the
day of March, 1~22, by the following vote:
Ayes-Caflis|e, Criff~th, Hare, Hougham, ·Robinson, Smith, ~ '.-[""'::['.~[:' '.' -..
AbSent ........~ ................... ~ ...................................' ' '
City Cl . e~k of the
· · Council of the City of Bakersfield.
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