HomeMy WebLinkAboutORD NO 537ORDINANCE N0.~_~ NEW SERIES
AN ORDINANCE DECLARING TREES OR SHRUBS GROWING IN
THE CITY OF BAKE~.SFIELD WHICH ARE INFESTED OR IN-
FECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS
TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE
ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRICklING
OR 0THER~ISE TRE~TING SUCH TREES OR SHRUBS.
BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD,
as follows:
SECTION 1. Infested Trees a Nuisance.
All trees or shrubs growing in the City of Bakersfield
which are infested or infected with parasites or insect pests and
which, unless exterminated, may spread to, and injure or destroy,
the trees and shrubs of an entire community or neighborhood, are
hereby declared to be a. public nuisance.
SECTION 2. Duty of Property Owners to Abate.
It shall be the duty. of each and every owner of real
property upon which such a nuisance exists, to abate or cause the
same to be abated without delay, by the extermination of such
parasites or insect pests from all such infected trees or shrubs
growing on his said property.
SECTION B. Trees on Boundary Line.
The duty of abating-such public nuisances and exterminat-
ing such parasites and insect pests infecting trees or shrubs on or
near the boundary line of adjoining private properties shall be upon
the respective owners of such trees or shrUbs, as such ownership is
determined by Sections 8S~ and 8S4 of the Civil Code of the State of
California.
SECTION 4. How Exterminated.
Such nuisances shall be aBated by spraying the infected
trees or shrubs with an insecticide or fungicide, or otherwise treat-
ing them, as the particular case may require, so as to completely
exterminate such parasites or insect pests from the trees or shrubs
affected; provided, whenever an~tree or shrub is found to be in
-1-
such a bad condition ~rom the infection of parasites or insect
pests that, in theopinion of the Street Superintendent it is im-
possible to save it, the owner of the land on which such tree or
shrub is growing shall completely destroy the same by removing.
SECTION 5. Notice to Exterminate.
Whenever the Street Superintendent shall find any trees
or shrubs growing upon private property which are so infected or
infested with parasites or insect pests that, unless they are
exterminated, they my spread to and injure or destroy other trees
or shrubs in the neighborhood, he shall give notice to the owner
that unless such nuisance is abated without delay by the extermina-
tion of such parasites or insect pests, the work of exterminating
them will be done by the city authorities, and the expense thereof
assessed upon the lots and lands from which such parasites or
insect pests are exterminated.
SECTION 6. Form of Notice.
Said notice shall be substantially in the following form:
NOTICE TO DESTROY TREE PESTS.
NOTICE IS HEREBY GIVEN, pursuant to the provi-
sions of Ordinance No.~7 New Series, that certain
trees and shrubs on property assessed to you in the
City of Bakersfield are infested or infected with
parasites or insect pests which should be exterminated
by spraying them with a chemical solution to be
designated by the Superintendent of Streets of the
City of Bakersfield, or by trimming said trees and shrubs
or otherwise exterminating said parasites or insect
pests as directed by the Superintendent of Streets,
'otherwise'said parasites or pests may spread to, and
injure or destroy other trees or shrubs in the neigh-
borhood, and that such condition constitutes a public
nuisance. _
YOU ARE HEREBY NOTIFIED to exterminate said
parasites or insect pests without delay, other-
wise the work of exterminating them and abering
said nuisance will be done by the undersigned,
in which case the expense thereof will be
assessed upon your property and will constitute
a lien thereon until paid, and, unless paid as
provided in said ordinance, will be placed upon
the next tax roll upon which general city taxes
are collected, and collected in the manner.and
form and under the applicable provisions of the
tax ordinance.
YOU ARE FURTHER NOTIFIED to appear before
the City Council of the City of Bakersfield at
its meeting on , 19 , at
eight o'clock P. M. in the Council Chambers in
the City Hall, Bakersfield, California, and show
cause, i'f any you bmve, why said nuisance should
not be found to exist and the same ordered abated
as provided in said ordinance.
Dated: , 19 .
Superintendent of Streets of the
City of Bakersfield.
SECTION V. Notices to be Mailed or Posted.
The Street Superintendent shall mail a copy of said notice
with all blanks properly filled, to each and every owner of real
property on which such a nuisance exists, whose name and address
appears on the last equalized assessment roll for city taxes, or
as known to the Street Superintendent mailing said notice to the
adddresses there given or as otherwise known to him. If the name
,~3'7
and address of such owner does not appear on said assessment roll,
or is not otherwise known to the ~
uperintendent of Streets he shall
cause a copy of said notice to be conspicuously posted on the prop-
erty affected. The notices so posted shall be substantially the
same as the foregoing notices. The mailing or posting of all said
notices shall be done and completed at least ten days before the
time fixed for said hearing. The failure of any property owner to
receive such notice shall not deprive the City Coun~ 1 of Jurisdic-
tion to proceed, or affect in any manner the validity of any of the
Proceedings taken or to be taken, or of any assessment levied here-
under.
SECTION 8.
Affidavit o__f Giving Notice.
Upon giving notice. as aforesaid the Street Superintendent
shall make and file with the City Clerk his affidavit, stating in
general terms the existence of said nuisance, and stating that
in each and every case the owner of real property having trees or
shrubs thereon, infected with parasitss or insect pests, was notified
/ either by mailing or posting said notices as required by this ordin-
ance. A copy of the form of notice so mailed or posted shall be
annexed to said affidavit, together with a list of all properties on
which such infested trees or shrubs have been declared to be a nuis-
ance.
SECTION 9.
~esolutio__n Ordering ~he Work.
The Street Superintendent shall attend the meeting of the
City Council next following the filing of said affidavit, and PepoPt
on any other matters desired by the City Council concerning said
nuisances. Thereupon, if satisfied that said nuisances exist, the
City Council shall by resolution find said nuisances to exist.and
'order-the'Street Superintendent 'to proceed with the work of abating
said nuisances pursuant to the provisions of this ordinance.
SECTION lO.. _Owner M_~Do the Work Himself.
Any owner o'f real proi~e~ty on which any trees or shrubs
are infected or infested may cause said parasites or insect pests
to be exterminated; provided that in all such cases the work shall
be done to the. satisfaction of the Street Superintendent, and is
undertaken prior to the time his assistants arrive to do the work,
SECTION ll. Report and Assessment List,
When the work is done by the Street Superintendent he
shall keep an account of the cost of abating such nuisance upon
each separate lot or parcel of land and shall embody said account
in a report and assessment list to the City Council which he shall
file with the City Clerk, Said report and assessment list shall
refer to each separate lot or parcel of land by a description suffi-
cient to identify it, and state separately the cost of exterminating
said parasites or insect pests on each lot or parcel of land,
SECTION l~. Notice qf FilinE Report and Assessment List,
The Street Superintendent shall post a copy of said report
and assessment list on the Bulletin Board near the entrance door to
the City Hall, together with a notice of filing the same, and of
the time and place when and where it will be submitted to the City
Council for hearing and confirmation at least ten days before the
day fixed therein. He shall also mail or post copies of said
notice to all the owners of property on which such nuisance was
abated, in the manner, for the time, and with like effect, and file
with the Clerk an affidavit thereof, all as provided in Section 6
hereof for mailing and posting notices to destroy tree pests.
Said notices shall be substantially in the follow~.ng form:
NOTICE OF FILING REPORT ANB ASSESSENT
LIST FOR.EXTERNINATING TREE PESTS, AND
OF HEARING THEREON.
NOTICE IS HEREBY GIVEN that the Superintendent
of Streets of the City of Bakersfield has filed with
.... the City Clerk of said city a report and assessment
list covering the cost of exterminating parasites
and insect pests from trees and shrubs growing on
private property in said city, a copy of which is
posted on the bulletin board at the entrance to the
City Hall.
Your property is assessed therein in the sum
of $ .
NOTICE IS FURTHER GIVEN that on
,
the day of , 19 , at the
hour of eight o'clock P. M. in the Council Chambers
in said City Hall said report and assessment list
will be presented to the City Council of said city
for consideration and confirmation, and any and all
persons interested, having any objections to said
report and assessment list, or to any other matter
contained therein or relating thereSo, may appear
at said time and place and be heard.
NOTICE IS FURTHER GIVEN that you may pay said
'assessment at the office of the Superintendent of
Streets at any time before five o'clock P. M.
August 31, 19 , and if not paid within that time
it will be entered against your property on the city
tax roll.
Dated: , 19 .
~uperintendent of Streets of the
City of Bakersfield.
SECTION 13. Hearing and Confirmation.
The owners, and all other persons interested in any work
done under this ordinance, or in the assessment, feeling aggrieved
-6-
by any act or determination of the Street Superintendent in rela-
tion thereto, or who claim that the work was not performed in a
good and workmanlike manner, or who claim that any portion of the
work, for any reason, was omitted or illegally included, or having
or making any objections to the correctness of the assessment, or
other act, determination or proceeding of the Street Superintendent,
may appear before the City Council at said time and place and be
heard. Upon said hearing the City Council may remedy and correct
any error, and revise and correct any of the acts or determina-
tions of.the Street Superintendent relating to said work; and may
amend, alter, modify or correct the assessment in such manner as
to them shall seem Just; and may require the work to be completed
according to their directions. All the decisions and determinations
of said City Council, upon notice. and hearing as aforesaid, shall
be final and conclusive. Said assessments, when confirmed, shall
become and remain a lien upon the properties stated therein, until
paid.
SECTION 14. Payments to Street Superintendent.
Any property owner may, at any time prior to five o'clock
P. M. of August 31 following the doing of said work, pay the amount
assessed against his property at the office of the Street Superintend-
ent, and the lien thereof against the property affected shall be
released.
SECTION 15. Collection on Tax Roll.
After said August 31 the City Auditor shall enter and
extend the amounts of said assessments remaining unpaid against the
respective lots or parcels of land on the city tax roll, and the
Tax Ocllector shall include the sum on the bills for said taxes.
Thereafter said amounts shall be collected at the same time and in
the same manner as general city taxes are collected, and will be
subject to the same penalties and the same procedure and sale in
-V-
case of delinquency. All laws and ordinances applicable to the
levy, collection and en£orcement of city taxes shall be applicable
to such special assessments.
SECTION 16.
All ordinances or parts of ordinances in conflict here-
with are hereby expressly repealed.
..... ~ .... o0o ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the City Council of the City of Bakersfield, at a
regular meeting thereof held on the~ day of~~-~/
by the following vote:
AYES, BODEH, GT-e.T, KAMTNSKT, MeMILLAN, SMI'TIt, SOLLERS, WILSON
NOES: ..... ~ '
R,B~F..HT · _
City Clerk and 0 o Clerk of the
Council of the City of Bakersfield.
APPROVED by me this ~ day of ~
~Y~OR~ of Bakersfield.
, 1939.
~
STATE OF CALIFORNIA~
County of Kern i ss.
V. VAN RIPER, being duly sworn, deposes and says:
That he is the duly apI~ointed, acting and qualified Clerk of the City of Bakersfield;
and that on ............ ~ ......... ~ ........... 19~.~., he posted on the Bulletin Board at the
City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
was numbered.....'~..~...7. ........ New Series, and entitled:
AN ORDINANCE DECLARING TREES OR SHRUBS GROWING IN
THE CITY OF BAKE..RSFIELD WHICH ARE INFESTED OR IN-
FECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS
TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE
ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRIMMING
OR OTHERWISE TREATING SUCH TREES OR SHRUBS.
Subscribed and sworn to before me this
.... ..... ..... ..............
· --~.~ ............... L .........
No ty of Kern,
Sta e o a ' ornia.