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HomeMy WebLinkAboutORD NO 461 ORDINA~!CE NO.~/NEW SERIES AN ORDINANCE REGULATING THE BUSINESS OF STRUCTURAL PEST CONTROL, AND REQUIRING CERTIFICATES,.PERLiITS AND BONDS THEREFOR. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAIGERSFIELD, as follows: SECTION 1. STRUCTURAL PESTS AND BUSINESS OF STRUCTURAL PEST' CONTROL DEFINED. For the purposes of this Article "structural pests" are defined as termites, or other wood-boring insects, or any kind of fungus growth or plant growth which causes decay in structures or buildings; and the "business of structural pest control" is defined as the inspection or treatment, or the prescribing of any method of treatment, for hire, of soil, lumber, poles, structures, buildings or parts thereof, for the purpose of destroying, exterminating or con- trolling structural pests, or the repairing of damage done by struc- tural pests. SECTION 2. STRUCTURAL PEST CONTROL CERTIFICATE REQUIRED. It shall be unlawful for any person to establish, maintain, conduct or .engage in the business of structural pest control, or to in any manner solicit s~K'~s-~ess, or hold himself out or advertise himself to be en- gaged in such business, unless he shall have first obtained a certi- ficate therefor, granted and existing in compliance with the provisions in this ordinance set forth. SECTION ~. STRUCTURAL PEST CONTROL CERTIPICATE, APPLICATION FO__~REXAMINA- TION AND FEE. Application for a structural pest control certificate required by Section 2 of this ordinance shall be made in writing upon forms supplied by, and shall be filed with, the Building Inspector. Such application shall set forth a full identification of the appli~ cant, his past experience pertaining to the control and extermination of structural pests, and such further information as the Building Inspector may'require, and shall be accompanied by an examination fee in the amount of five ($8.00) dollars. Upon the filing of such application, or at such subsequent time as the Building Inspector may designate, the Building Inspector, together with such other competent persons as the City Manager my designate, shall examine the applicant for the purpose of determin- ing whether he is competent and qualified, within the requirements of this ordinance and within the sound discretion of said examiners, to engage in the business of structural pest control. If the ap- plicant is found to be so qualified, he shall be g~anted a certificate so stating. SECTION 4. STRUCTURAL PEST CONTROL CERTIFICATE REVOCATION. The struc- tural pest control certificate provided for in Section 3 of this ordinance may be revoked by the City Manager upon recommendation of the Building Inspector, upon a hearing granted, for the violation ~ any provisions of .this ordinance pertaining to structural pest control, or any rules or regulations promulgated pursuant hereto, or for any other reason which, in the sound discretion of the City Manager, renders such certificate holder incompetent or unfit to engage in the business of structural pest control in a manner compatible with the welfare of the people of the City of Bakersfield. In case said certificate holder is not satisfied with the action of said City Manager he may, within ten (lO) days thereafter, appeal in w~iting to the City Council. Said City Council shall, at its next regular meeting after the filing of such appeal, set a date for hearing, and in any case shall render its decision on said appeal within thirty (30) days after the filing thereof. SECTION 5. STRUCTURAL PEST CONTROL PEP~{IT AND FEE. It shall be unlaw- ful for any person to co~nence or do any structural pest control work, or to cause the same to be commenced or done, in the City of Bakersfield, without first obtaining from the Building Department a permit so to do. Application for such permit shall designate the nature of the work to be done and the location thereof and shall be accompanied by a permit fee in the amount of one dollar ($1.00), which shall be in addition to all building permit fees required by~ae ordinances of the City of Bakersfield. The Building Inspector may examine the structure or building concerning which a permit is applied for before issuing said permdt. No such permit shall be granted un- -~- less there is on deposit a bond in compliance with Section V of this ordinance, and no such permit shall be granted to other than a holder of a structural pest control certificate required by Section 2 of this ordinance. All work done under such permit shall be done by or under the personal supervision of a certified operate. SECTION 6. STRUCTURAL PEST CONTROL INSPECTIONS. It shall be the duty of the Building Inspector to cause an inspection to be made of all structural pest control work to ascertain ~,A~ether or not such work is being done, or has been done, in accordance with the provisions of this ordinance and the peRnit issued' therefor. The Building Inspector my require of the permittee reports of all such work done, and he and his authorized agents are empowered to enter premises, buildings and structures for the purpose of determining whether or not persons who hold certificates to engage in the business of structural pest control are engaging in this pra6tice in a lawful and suitable manner. SECTION V. STRUCTURAL PEST CONTROL BOND. No person who makes applica- tion for a permit required pursuant to Section 5 of this ordinance shall be granted such permit unless there is on file with the Building Inspector a valid and existing surety bond, executed by a surety company authorized to do business in the State of California, in the sum of one thousand dollars ($1,000.00), conditioned for the faithful and honest conduct of the business of stx.actural pest control by such applicant and for the compliance with the provisions of this ordinance and the rules and regulations promulgated pursuant hereto. Said bond shall be continuous in effect unless cancelled by written notice to the Building Inspector. Said bond shall be approv- ed as to its form and legality by the City Attorney, shall be taken in the name of the people of the City of Bakersfield, and every person injured by the wilful and malicious or negligent or wrongful act of the said certificate holder designated therein, or his agents or employees, may bring an action in said bond in his own name to cover damages suffered by reason of said wilful or malicious or -3- negligent or wrongful act. SECTION S. STRUCTURAL PEST CONTROL METHODS, RULES AND REGULATIONS. All structural pest control work done in the City of Bakersfield"' shall comply with the ordinances of the City of Bakersfield regulat- ing building construction, alteration and repair, and shall, as to the methods, chemicals and other solutions and prepafar'ions employed, be subject to the approval of the Building Inspector, who shall, so far as practicable, require a conformance with the recommendations of Circular No. 318 of the University of California, College of Agriculture, Agricultural Experiment Station, Berkeley, California. Every person engaged in the business of structural pest control shall permit the Building Inspector or his deputy, at any time, to take a sample of any or all solutions or materials being used in such business. The Building Inspector may promulgate and enforce such rules and regulations as may be necessary to carry out the provi- sions of this ordinance pertaining to structural pest control. SECTION 9_.a. SAVING CLAUSE. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and the Council of the City of Bakersfield hereby declares that it would have adopted this inance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more of other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. SECTION iO.__~.PENALTY. Any person, fiEn or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed three hundred ($300.00) dollars, or by imprison- ment in the County Jail not exceeding ninety (90) days or by both such fine and imprisonment, ..... o0o ..... -4- I HEREBY CERTIFY that the foregdi~g. Ordinance was passed and adopted by the Council of the City of Bal~ rsfield at a regular meeting thereof, held on the/~._~ay of June, 1938, by the following vote: R'~flES: BRRTL6'TI', BOBEN. G;ST, ~--m-R'::~. SM1TH, SOLLERS, W;LSON RO~5, ..~ .................................................... ' f,~,~,.~NT: ..~ ....................................................................... City Clerk and Ex-I Lcio Clerk of the Council of the' City of Bakersfield. APPROVED by me this/~L.;~day of June, 1935. MAYOR 'of the Cit~ of Bakersfield.