HomeMy WebLinkAboutORD NO 649 "-. E~RGENCY ORDINAi' .
, I~EW SERIES
AN EiERGENCY O~INAT~iCE TO ~LEVIATE.;~E HOUSING SHORT-
AGiS IN TE' CITf 0D' BAi~RSFI~D; TO. ~~ PiOFITER-
Ii~G; TO ST~ILIZE TE COST OF. St~T~';~:'T0 iESTRICT
~:~"-V" .~; '~ EVICTIONS A~D' TO 'PROV~'i~;~f:'~TY AID 2~'DIES
THE VIOLATION ~F TE. P~O~: ~S }~LZ~0F; AID DE~I{G:~ .
TIE ~JlRGENCY EI~OF ALD".~'IDIi~G TPiT IT
~CT IIvX~IAT~Y ~
~El~S~;~:.the welfare of the iiaabitants of the City of Bakers-
field read. ires the passage of an emergency ordinance providing for the
alleviation of the housing shortage in the Cityof Bakersfield, the
prevention of profiteerh~ and the stabilization of t~. cost of
shelter by placing a ceili~ on rents, and providing for the regis-
tration of rental properties and a restriction on evictio~
NOW~ TEIXr0RE, BE IT 019AIi'Q~ BY TE COUNCIL 0F"~TE CITY 0F
BAERSFI~D ~ as follows:
SECTION 1.
DEFINITIONS. As used in this ordinance, the following words
shall have the following respective meanings: ./~.~:.
:~Person" includes an individual, corporation~ partnership~
association, syndicate~ or any other organized group of persons, or
legal successor or representative of any of the foregoing..
"Housing accommodations" means any building, structure, or
part thereof or land appurtenant thereto, or any other real or
personal property rented or offered for rent for living or dwelling
purposes, including houses, apartments, hotels, rooming or boarding
house acconnnodations and other properties used for living or dwelling
purposes, together with all privileges, services, furnishings, furni-
ture, equipment of, facilities and improvements connected with the
use o~~ o~cupancy of such property. ' ....
"Room" means a room or grcup of rooms rented or offered for
rent as a unit in a hotel or rooming house, including ground rented
as space for a trailer.
"Services" includes repairs, decorating and maintenance, the
furnishing of light, heat, hot and'~g~"~Water·' telephone~'-:-~le~atOr.
!~.~.service, ~indow shades and storage., kitchen, bath and laundry.
facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other. privilege or facillity
connected with the use oroccupancyof a room
"Appiicant" means a person making formal appliCa~i0n on forms
provided by the Rent Control Board for the adjustment of maximum· rent
"Landlord" includes an owner, lessor, sublessor, assignee or
other person receiving or entitled to receive rent for'=the use of or
occupancy of any.housing accor~odation or room, or an agent of any
of the foregoing. ,:."
"Tenant" includes a subtenant', lessee, sublessee o~;~-~ny other
person entitled to the possession or the use or occup~cy of any
~o~sin~ accommodation or room.
"Rent" means.. the consideration, including any bonuS, benefit
or gratuity, demanded or received for the use or !occupancy of a room
or for the transfer of a lease of such room.
"Term of occupancy" means occupancy on a daily, v~eekly or monthly
basis. .
"Hotel" means any establisIwnent generally recognized as such
in its community, containing more than five (~)'.guest rooms and
used predon~inately for transient occupancy. '
"I~ooming house" means, in addition to its CUstomary usage, a
building or portion of a building other than a hotel in 'vd~ich a
furnished room or rooms, not constituting. an apartment, are rented
on a short time basis of daily, V~eekly or monthly ·occupancy to more
'tha-fi two payin~ tenants not members~of the"landlord's i~di~te
family. The term includes boarding houses, dormitories ~ ~uto camps
trailers ,. residence clubs, tourist homes or. cabins, and all other
establishments of a similar nat~e.
"[iaxim~ rent period" means the twelve month period ending
~ne 1, 19~3 ' " ' '
SECTION
and/Or collected for any housingI accomnodations shall be the fair
and reasonable rental value ~.~.eef, said fair and reasonable rental
value to be determined by th~l~Board, after a hearinE thereon, measured/
by the normal rental v* lhe of the housing accommodations,linCl~ding
rising costs and taxeS; provided, however, that no consideration l
the present national emergency directly or indirectly.
The rents hereinafter specified in sub-s~tions I te'~ni~4 'and terme~
maximum rents, shall be premmed, subject to action of the Board~ to
be the fair and reasonable rental value of the hous.'Lngaccommoda~iOns
to which they refer. .~
(b) I~Taximum rents shall be: .
1. For housing accom~nodations rented during 'the. maximum rent
period, or any portion thereof, the highest rent~'l'CHg~ged for such
accommodations during such period. ,~ ...
2. The maximum rent for housing accommodations w~ich were not
rented or occupied during the maximum rent period shall be set by.the
Rent Control Board, upon application made to it by any interested
party. Persons applying for maximum rent may, to/the best of their
ability, determine the rent for comparable housing facilities as the
one for which they propose to establish maximum rent, and may charge
that rent subject to the approval of'.the Board.
3- For housing accommodations rented to either Army or Navy
personnel, including civilian employees of the War and Navy Depart.
ments, for which the rent is fixed by the national rent schedule of
the 'W~r~'6'r"'~avy Departments, the rents"esta~lis~ed"
rent period by such schedule.
4. For a room with ~ich meals were provided during the maximum
rent period without separate charge therefor, the rent shall be
apportioned by the landlord from the total charge for the-room and meal.
The l~dlord's apportionment shall~-~'f~ir and reasonable, and to be
effectlive ~uStlllbe approved by the B~.which may modify such appor-
tionment. Every landlord who provides meals with accommodations shall
make separate charges for the two. No landlordI shall require the
taking of meals as a condition of renting any room, unless the room
wa~. I~ented or offered for rent on that basis during~'~'~ maximum rent
'period. The rent as apportioned or as separate!y charged, shall~ be
subject to the same maximum rent as rooms without meals.
SECTION B.
RE~f CO~EOL BOARD. (a) There is hereby Created two (2) Rent
Con'~ol Boa.r. ds for the City of Bakersfield, to be~ appointed by the
City Council, as follows: One Board having jurisdiction over that
portion of the City of Bakersfield lying west of Union .Avenue and
.one Board having jurisdiction over that portion of thee CitY of Bakers-
said Boards to be appropriately
~ield lying east of Union Avenue,
designated.
(b)· Each Board shall consist of five members and shall have
exclusive and final jurisdiction to adjust and control rents i~
accordance with the provisions of this ordinance, within ~he limits
of its territorial jurisdiction. It shall be the power and duty of
each Board ·to receive applications, make investigations of, hold
hearings and rende~r decisions on, all applications received by it
under this ordinance within its jurisdiction.~'
(c) The term of each member of the Board shall be for one
year from the date of appointment and until his or her successor
is appointed and qualified. '
(d) Each Board shall appoint one or more Clerks, who also
may .be. members of the Board, to which Clerk, or Clerks al~..j~..r.S,~..n,~ .....
desiring adjustments in rents shall make application on forms to be
provided by the Board, which applicatio. n shall be received by the
Clerk or Clerks representing the Board. Each member of the Board
shall serve without compensation.
'=' (e) The City Council shall establish and promulgate any further
and notices, the time and-ptace;.of' hearings by the Bo:ard .and the
receiving, heari~ '~nd di~ing of all applications and the evidence
nnection therewith :"
rent. in excess of ;~e. amount fixed by a 'fin~lf?decision of the/.:~gard
in accordance with '~his ordinance shells.be-~uilty of- a"'~sdemeanor
and S~bJ~.: ~5"'~e ~h:~shment provided in Se'ction,"9~uhereof. .'
SECTION ~.
ADJUST~Z~OF~i--~S. (a) Any person'seeking to adjus"t rents
shall make apptiga~ion to the Rent Control Board on ~rms to be
prescribed and provided by the City Council.
(b) Upon the filing of an application f~'9' the adjustment of
maximum rent~ the Board shall set the same for.".~'~earing an,d' shall give
written' n0tice~ for the time hereinafter presC~ibed~ of such filing
.... i~ :...]. :
and hearing to all parties who would be affected ~y the proposed
adjustment, whether they be lanilords or tenants. The Board shall
also notify in writing the District .Attorney of...the County of Kern
who may intervene in any proceeding when in his judgment such inter-
vention is necessary or desirable in the public interest. Within.
ten (10) days after the decision in any matter is entered in t~e~
doc.ket, any person adversely affected may petition for re-hearing
thereof with the Rent Control Board~ the granting of which shall'be
within the discretion of the Board. If said petition is not filed~
or after filing~ is denied~ the decision of the Board that has been
entered. shall be final. Not less than sixty (60)'days after the
· final decision in any matter is entered in the decket any person
affected may reinstitute proceedings for the adjustment of rents
on the same housing accommodations upon any evidence of new matters
which have arisen or transpired since the hearing
decision was made.
~ ~'~ ;2~' ~Se. ntence of sub-secti~n.
·
(b) !~ereof shall!l..be served upo~'.the tenant, or if he is'net available,
upon any member of his fsaui!y over ~'S age of sixteen years ~'~ho is
,-~,:.~,:... ,.
· .
living in the housing accommodation. Such not~C'~e sh~l be served upon
the landlord, or his agent .who is in charge of~;',the 'housing accommodation.
Such notice :~h~l be served personally or by U~ed States mail, postage'
prepaid~ addressed to the person sought. to ~rved. If served person-'
ally such notice shall be served not :!~&~Ss '~han five (%).4~YS prior to ..
the date of the hearing mentioned therein. If ,s~ed"Ly mail it shall'
be ma~led at least five (~) days prior to the d~te of said hearing. if
sent to an address ~ithin the County, or fifteen (1~) days prior to the
date of said hearing if addressed else~vhere. ~.eo~.~Of~rvice, u~ess
the recipient signs an ackno~vledgment of service,~.~shall be by affidavit.
Each member of the Board ~d the Clerk thereof iS' hereby sUthorized to
administer oaths for ~1 purposes necessary under this ordinance,
including, but not limited to, the sv~earing in of ~itneSses at heari~s
and the proof of service of notices.
SECTIOIt 5.
· REGISTRATIO!.I Sf£AT~?EI.~. Within forty-five (~) days ~.fter date
of the passage of this ordinance, or vdthin thirty (30)days after the
housing accon~odation is first rented, ~'~hichever date is the later,
every landlord of housi~ accon~odations rented, or offered for rent~
sh~l file in triplicate a ~ritten statement on .a form to be provided
therefor to be tinown as the registration statementS' The statement shall
identify each d~velling unit and specify the maxim~ rent provided by
Section 2 of this ordinance. The original shall remain on file with
the Rent Control Board and it shall cause one copy' to be delivered to
the tenant and one copy, endorsed to indicate that it is a correct copy.
of the original, to be returned to the landlord. In any subsequent
change of "tenancy the landlord shall exhibit to the ne~v tenant his
stamped copy of the registration certificate and shall obtain the tenant's
signature and date thereof, on the back of such statement. Within ten (lO)
days after renting to a new tenant, the i~n~lord shall file a notice
on a form providedl therefor ~I~ij[~I?h~ch he shall also'~'0bt~in~'n~th~]"!ii~n~t
signature, stating that thereL~ been a changeL in ten~nCy~=n that t.he
stamped copy of the registration statement has b]e~'n e~_ibited to the
new tenant .and that the rent for such accomod~ions is in co~ormity
therewith" When the maximran rent is cha~e~" under the ~<~o,visions
his .stamped copy of the registration statement 'tO'~;;':~e· Xent on rol - C t
Board for appropriate action or correction reflecti.~ such change.
This section shall not apply to rooms in hotels]ia~d rooming houses or
to any housing acco~odation in which is r~q~r:~d the posting of
,'~..
maxim~ rent according to Section S hereof.
,
SECTION 6,
II~JEST_IGAT. I.O.I~.OF .APPLICATION. After .applications have been
filed and prior to the date of hearing they may be i~ysstigated by
the Board. .Any investigating official authorized by the Board sh;all
have the. right to enter housing accommodations involved for purposes
of such investigation, with the written consent of the~occupaa~1.
thereof authorizing such entry. .Any person m~king application~' shall
thereby be deemed to have given the required permission ahd as to'
any Other person a refusal to grant permission to entersshall be
sufficient authority for the Board to accept statements of thej'~.-:
applicant concerning which the investigation is sought as true,
No person, directly or by agent, shall by word or writing make
any false representation or statement of fact concerning:housing
accommodations and rents received therefor or concerning any 'other v
relevant matter upon which information is ree3ested or received by
the investigation officer.
GEOUi'DS l.~OR ~Z~JUSTiEi.I. The Board may adjust upwards or
do.wmvards maximum rents, as hereinabove established, on the grounds
that the presmed fair and reasonable rental value is not
~ (a) The maximum rent for the housing accommoda~i6ns is higher
or lower than the rent generally p~e~,~:;':]n~ng in the: city during the
maximum rent period for compa~able.hS~i~ acc6mmodations;'
(b) There has been a.'substantial deterioration of the housi~
:accoEodations not due to the negligence or miscondu6nt'of the tenant -.
or ~s ,invitees since ~the date in said maxim~.,~:rent period when ma[~im~'
rent was established. ~.- ~..'
(c] '.;There has been a substantial betterment of the.:(.:h6usi~
accomodati~ns .by a major capita improvement, or.maj~f~repairs as
disti~uished from ordinary repair, replace~tea~ and maintenance, ~ ~nce..
the date when said maximum rent was established.
(d) There has been, since June 1, 1943, a substantial Ch&'~ge ,...:'
in the housing acconmodations by a major capital impr~jeme'nt or major
repair~ replacement and maintenance, and the rent was fixed by a lease
which was in force at the time of such change ""':
(e) There has been a substantial increase or decreasen'i:~ulf-~e
services, fur~ture ~ furishiMs or eauipment provided Wi:~h' the housing'
acconmodations since the date when maximum rent was 'established.
(f) The rent duri~ the maxim~ rent period was materially
affected by the blood~ personal or other special relationship between
the landlord and tenant~ and as a result was substantially higher or :
lower than the rent generally prevailing during the 'maxim~ rent period'
for comparable housing accommodations. . "'
(g) The rent duri~ the maximum rent period was established by
a lease or. other rental a~reemez~t executed prior to said maxim~ rent
period which provided for a substantially higher or. lower rent at
other periods during the term of such lease or agreeme.nt~ and which
lease has expired. .. -~- :.-...
(h) There was in force during .the maxim~ rent period a written
lease requiring a rent substantially lower or higher than the rent
generally prevaili~ in the city for comparable housing accomodations'.'
(i) The rent during the maximum ~'ent period was substantialiy~'
higher or lower than other years by reason of demand or lack of[d~mand
fo~,.lh0us ing accommodations. "'7 ]:'~'
(j) There has been an illcrease in the nunlber of '~'mily units~.
or occupants ~ ~hether as subtenants ~ assignees ~ or otherwise ~ using
the housing accoEodations as compared to the perimd during the, m~im~
rent period ~vhen the maxim~ rent was es.tablished. . ~]~,~'~'
(k) The housing accormodations were occupied by the,~W~er or
lan~Iord during the maxim~ ·rent period. ~?~=
(1) The maxim~ rent her inabove established was substantially
higher or lower than at other times during the maxim~ rent pe~Zed by
reason of seasonal demand for such housing accommodations~.,
(m) Whenever any adjustment~ either downward or u~ward~ is
~,de~, pursuant 'to the provisions of Section ?~ such adjusted rent. Shall
thereafter be the maximum rent~ and may be thereafter further
in accordance with the provisions of said section.
(n). Subsection (a) hereof shall not be construed as being.~,-,~TM
limited in its interpretation or application by any matters contained
in subsections (b) to (1) inclusive thereof ·
SECTION 8.
POSTING I,~[ILF~I EED.~S. V~ithin ~ days after the effective
date of this ordinance every owner or landlord of housing accommodations :
which are rented on less than a month to month tenancys~ll post and/~
thereafter keep posted conspicuously in each room orhousing acCO~oda-
· ~y ·
tion rented or offered for rent a card or sign' plainly stating~e
maximum rent or rents for all terms of occupancy for which"'~he room"
or housing accommodations is rented or offered for rent./~-.fWhere the
taking of-meals by the tenant or prospective tenant iS a conditiqn~' "
of renting such room~ the card or sign shall so state. Should the'
maximum rent or rents for the room or housing accommodations be
changed pursuant to the provisions of this ordinance~ the owner
or landlor.d shall alter the card or sign so that it states the
~0 0 ~ ' ' ~ ......
n-ff;.LK~ F TENAnt...: Ca)" 8o long as Vhe t~nent
pay the ran%to whichj% landlord is entitled und;e:r' this
,: ,. . ,- ,~., .... ..., ..... .~).??.~.
no tenant shall be, r~6ved from any housing' acco~odatio~',~:~:action
possession~ notwithstandin~ that such tenant has ~. lease
' mated ~
lease or ether. ,rent~ agreement has expired or
,-' .
"' .1,. The Tenant~ who had a written lease or other written Pe~
agreem~t~" has refused upon demand of the Iandtord,.=~t.6 execute
..... . · ,,,]:?~ ./~' ..%.., , ~'
~. ,
extension or renewal thereof for a further termlgf' like d,~tion~ but
not in excess of one year~ but otherwise on the same teT~~ and conditions:
as are ~ot <"' ":<'
-inconsistent with the ordinance; or ' ,,,f~ -..:~ .
2. 'The Tenant has ~easonabl~ refused 'th~'Zandlord ', =' o'r-f{is
authorized agent or attorney, access ~o the hou~!n~ accom~dations for
the purpose of inspection or of showin~ the aceo~nodatio~'~'to prospective j
mo?~Ea~ee~ o~ othe~ pc?son havin~ leZitima~e inte~eSt..the~ein] provided~
howeve~ that such refusal shall not be ~o~d for removal .o~ eviction
if such inspection o~ sho~vin5 of the accommodations is contrary tO the
...... · :.{
provisions of the tenant's v;rr'itten lease or othe~""w~itten 'rental '=
agreement
3. The Tenant has (a) violated a substantial Obligation~ express :
or implied, written or oral~ of his .tenancy~ including the obligation
to pay the rent due_under this' ordinance, and h'aS~':=~o~timed~ or failed
to cure, such violation within a reaso~ble period after written; notice
by the landlord that the violation cease, or (b) is = committing or .
..:, ·
permitting 'a'nuis'ance 'Or is using or:.permitti~.-~:'use of: the-:-'hou~.. ........
acco~!odations for an i~oral or illegal purpose~,~ or
~. The Tenant's lease or other rental agreement lias expired
or othervise terminated and at the tim~ of termination the 'h0usi~..'
10.
accom/aodations or a predominant pa~:~!t"~~f are Occupied by one:~7or~i~..!'~.
more subtenants or other persons v~ho occupiedunder'a rents!.agreement.
with the ten~iits; or I- ~i'!'~,~ '~' '~
~. The landlord seeks~in good faith to recover-~'ssession f~r
the iEediate purpose of demolishing the housing acC~odations or of
substantially altering or remodeling it in a mamSr] which.
practicably be done ~vith the tenant in occupancy and th~.~]~plans fo~"
such alteration or remodeling have been approved' by, t~&~proper
authorities, if such approval is required by the laW or ordinance~ or
6.' The landlord seeks in good faith to recover Re~:~'es'sion of ~.~]
~' I~:~ dwelling
the housing accoEodations for immediate use and occupancy as a
by himself or his family; or he has in good faith co'~tracted
to sell the accoEodations for i~ediate use and occupancy by a purchaser,
~ho in good faith has represented 'in ~vriting' 'tHat~..he ~i~,'~Use the~
acco~nodations as a d~velling for himsel~ or hisTM ~ami%~'7~i~:'~'p~ovided, that.
such a sale shall be deemed v~ithout good faith u jess the landlord h~s
received not less than t~venty per cent of the tot~ purchaSe.price.
from the purchaser as a do~vn payment ='~/
If the tenant has been removed or evicted from housing acco~oda.
tionS under this subsection of Section 9, such aCcommodati6~s sh~l
not be rented for a period of six months after such eviction without
~..'
the approval of the Board ~ '"
7. The accomodations are sold pursuant t'o judici~V:rprocess
or court authority, including but not limited to judici~n~:'/s.ales,
sheriff's or constable 's sales, sales on petition, and sales on
foreclosures.
8. The Tenant, contrary to the terms, written or oral, express
or implied~ of his lease, aj ~ithout the consent.of h~s'landlord,~.h~s
sUbleaSed' or assigned in ~vhole or in part the hom=~ing accoEodations
involved.
9. The Tenant ~'ithout his landlord's consent, has assigned
subleased in v~hole or in part the housing acco~odations involved, ~vith
the result that more persons occupy. the same than 'the'.landlOrd contem-
SECTION 10.
VtOL,,~TION. i{iSDFR,~i~0R. Any person violating anyV'-~f 'the
provisions of this ordinanca~ shall ]~e ~Zui'lty of a"misdenmanor and upon
conviction shall be pu;-nishable by a fine of not more.than Five Hundred.
(~00.00) Dollars or by imprisoanment in the county jail m'o~' a period
of not ~iore than nin ~-y (~'0 or by both such fine and. such
e ~ ) days ~ .
-,. . .'/
impriso~ent. .'
SECTION 11.
CIVIL ~,.~iES. (a) ,,~henever the Board findS~ after and as
~.e result of a hearing~ that the maximran rent provisions of this
ordinance have been violated by a landlord charging rents in excess
thereof"and/or receiving rents in ezcess: ~thereoi', it Shall~aVe'the
power~ in its discretion~ to order said excess rent to be tripled, and
the amount of such excess 'rent as so tripled to be credited upon rent
due such landlord in the future from said tenant for the housing
12.
.(..,
~--
substantial~ damages to the premises.
!0' That the housing a,~c~mmodations were leased tO th~ tenant
em ~h~landtord~ and Said tenant for
any reason is '~o tonSet in the landlord ~s employ. -:
..'
tl. That the housing accommodations are needed in good faith
',':;'
- k .'
by the landlord for imediate rental by one or more of the L~Mlord
employeeS;provided that, for six months followin~ such a~:..~ction the
lana ora ay:'not, without noara a,i rovam, rent Said hoU~h~ accommodations
to any person other than one or more of the landtoTd ws
12. That there has been a substantial dGterioratio~=6f
housing acco~nodations beyond reasonable wear and tea~-~j~['~such
deterioration.. has been allowed ~ caused or suffered'TBy the tenant, o~" by
his invitecs. ~.
(b). [?o person~ directly k,y agent or attorney~
or n'rltin:C m~j-:e any false rs-j~rose~.tations or statement ~:~";fact for the
purpose of affect:~.n,U evic'hions or terminat!on~ of" .~ten~ncy .here'underf=.
(b) . in the eventl.,{he.. landlord-tenant relationship f~rl'sny
full benefit of the rights give~%~:m':i'~ sub-sec'~ion (a},., hereof,.
have the Tight to recover'th~'netary value of a~':';unused ~~>,'::of'
such benefit in'an action instituted by him in-:any:"'court .... ':~%mpetent
of reg~ation which applies to the City of Bakersffe~ or a por~i~3.~
thereof~ the City Council shell have the poweP,' :in its discBetion~' to
enter into co-operative agreements on such terms as the:C'i~}j'Council' --
· . . 2:,. ,' ,~ · , : ~s ,
for the
shari~ of expenses and costs of a~.~inistering this ~rdinance and the:.':
City Council finds and determines by resolution that':'sff~::~greement.:-:". ": '.
. .,. :.
are for the best interests of the said C~t,y~ ..,. :.,.::~..,
SECTION 13- .:: .,. :,
T~ A2,F~ APPLICATION. (a) This ord{nance shall be S~j~]~ended ~,... ....
, -? .. ~ , ·-,. ,..:'
tempoParil7 during such time as State of CalifOrnia or Federal Ren~ ,: '., :, '
Control~ under whatever department of the Federal Go~eP~ent admiH~'~"~6~ed'~ ".
is declared to be in effect~ when by virtue of law'.'s'uch Federal '6~
State law wold in any event supersede this ordinance. .This' ordinanS~..
shall terminate and become ineffective upon the. tePmlna%ion of ~h~'{
, . ~
present u~imited national emergenc7. ~ :: t:, ~s"~.:,
, .:.,,
sentence~ clause~ or phrase of this ordinance is for a~ reason held
,,.,.1
to be unconstitutional or invalid, such decision Shall not affect the
validity of the remai!~ng portions 0f tMs ordinance. The City Co'nncil . ,.,::
' , ,~ ,., .'. '1
. . ... .. ,:~; ~. ~{ -, j '-
hereby declares that it wotnld have passed tIlis ordinanee~,!.!;~! each: :j.'...~'
subsection, subdivision, paragraph, sentence, clause an~].~hrase thereof,
irrespective oi' the fact that any one or more other ~uBsection~]
divisions, paragraphs, sentences, clauses or phra~e:S be declared ~,;~q~]
constitutional or invalid.
~ ~ZiIGEI~Cy. A~D C~L~iIACTER 0F OigiNAII~ The City C~ncil fits
that the Uited States of America is engaged in a .war~ the ,efl'ectiVe
prosecution of which reouires stable living conditions so tha~ on~,.
economic system will not be upset, 'that the City of BakerSf~,~i~'i~' '
wi-thin an area 'of strategic military importance in that"~e are lar'~e
numbers of persons serving in the Armed Forces of the United States for
America in and near the City of Bakersfield~ t'hat the: pe o~el~,~
fami!ies of the perso~mel of said ,armed Forces must. receive housing
acco~nodations at fair and reasonable prices; that the Cityi.fof Bakers-
field has within its limits and near its viciity establishments produci~
fuel and producing and fabricating other goods necessary for the war
effort with many employees' who must receive housing at fair ~nd reasonable
prices; that it has been the declared policy of the Gover~nent of the
United States to prevent profiteerlug and rising prices which wo~d
result in ~the disastrous inflation~ that conditions now ~xist and have
existed in the City of Bakersfield since June 1~ 1943~ ~tich threaten
a local shortage of housing facilities with consecuent danger. of rising
rents~ e~ictions and danger to the public health; that in(~m~ny instances
there is bidding of one person against another for. such housing faQilities;
that there now exists an i~inent danger of an i~lation of rents paid
for housing facilities by persons who are vital to the war effort. :That'
the imed~a'te preservation of the public peace~ he~th~:~.safety,~,require
and it"is 'therefore necessary that action be t~en i~ediat'~ly~. tO "~ont~oI
such rents, and therefore this ordinance, Shall come within the term of,
and is hereby declared an emergency ordinance within the me;ani'ng of
SeCtion 24 of the Charter of the City of Bakersfield~ State of
C~lifornia~ and shall become effective i~mnediately upon its passage.
,--o0o
I t-LEREBY CERTI~i~ that the foregoing Emergency Ordinance
passed and adopted by the Council of the City of Bakersfiel'~ at a
,
by the following vote: :
AYES: CARNAKIS, MARMADUKE, NORRIS, SIEMON, SMITH, VANDERLEI, VEERCAMMEN:';;!-
.oEs: ..........................................
ABSENT:
~:,
l~~_d~~,x~
City C lerk of the
council of the City
APPi-~OVED by me this ~o~day of
City of B~kersfield~ R t
, 194L.
AffihaviI of o Iing (Orhinanre
STATE OF CALIFORNIA~ ss.
County of Kern ~
V. VAN RIPER, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield;
and that on ...... .D...e...c..e...m_..b..e...r. .......... ~.../.~ ........ 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
at a meeting thereof duly held on ........ .D...e__.c..e...m...b..e._.r. .......... ..~-.....O.. ........... 19..~.~ which ordinance
was numbered ....... 6.~_~. ......... New Series, and entitled:
AN EMERGENCY ORDINANCE TO ALLEVIATE THE tIOUSING
SHORTAGE IN THE CITY OF BAKERSFIELD! TO PREVENT
PROFITEERING~ TO STABII. IZE THE COST OF SHELTER:
TO RESTRICT EVICTIONS AND TO PROVIDE A PENALTY
AND REi. ZDIES FOR TIiE VIOLATION OF THE PROVISIONS
HEREOF; AI,FD DECLARING TITE EI.,iERGENCY THEREOF Ai,YD
PROVIDING THAT IT SItALL TAKE EFFECT I[.H';!EDIATELY.
,Subs~c_r_ib~d:: ,a, Und~ sworn to before me this
...... .......
....... :..~......~ ....~
-Not_ar-y'-Public in and for the County of Kern,
.... State of California.