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HomeMy WebLinkAboutORD NO 702 0~DINANUE NO.~__HE~ SF/~IE~ AN 0RDIHAN~E P~O¥IDI~ FO~ THE ~EVENTION AND REMOVAL OF ENCROACHHENTS IN T~E CITY OF BAKERSFIELD ~ C.ALIFORNIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAEERSFIELD~ as follows: SECTION 1. It shall be unlawful for any person, firm or corporation to place, erect or maintain~ or to permit the placing~ erectioa~ main- tenance or existence of any encroachment~ as hereinafter defined~ upon, over or'under any street, avenue~ lane, alley, court, place, public way~ pr0perty~ or rights of way~ now open or dedicated or which may hereafter be opened or dedicated to public use within the City of Bakersfield, or upon, over or under any property belongin~ to the City of Bakersfield. SECTION 2. An encroachment as herein defined, is any permanent or temporary fixture such as a building or appurtenances thereto, fence, hedge, or any other thlD~, which intrudes into, upon, over or under, or invades any property belonging to the City of Bakersfield, or intrudes into, upon~ over or under, or invades any street, avenue, lane~ alley~ court, place~ public way~ property or rights of way, now open or dedicated or which hereafter be opened or dedicated to public use within the City of Bakersfield, but does not necessarily prevent public travel. SECTION 3. Any person, firm or corporation, whose property encroaches in any manner upon~ over or under any property of the City of Bakersfield~ or any street~ avenue~ lane~ alley, court, place~ public way, property or rights of way~ now open or dedicated or which may hereafter be opened or dedicated to public use within the City of Bakersfield, shall remove the same after written notice by the City Engineer demanding such removal. Notice of such removal shall be by registered mail, addressed . to the post office address of the owner or occupant of the premises where the encroachment exists, or by personal service of such notice upon the owner or occupant, by a person authorized by the City E~inner t~ver such notice. The time required for the removal of said .~achment shall be specified in the notice by the City E~ineer. Any person, firm or corporation failing to remove any encroachment from any property of the City of Bakersfield, 'or from any street, avenue~ lane, alley, court, place, public way~ property or rights of way, now open or dedicated or which may hereafter be opened or dedicated to public use within the City of Bakersfield~ within the time specified in the notice for removal by the City Engineer, shall be guilty of a misdemeanor~ and upon conviction thereof shall be punished by a fine of not to exceed Three Hundred ($300.00) Dollars, or by imprisonment in the County Jail for a period of not to exceed ninety (90) days~ or by both such fine and imprisonment. 2, eL · I pT~.R~y CERTI~Z that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield, on the llth day of March, 1946, by the followi~ vote: City Cl~rk and Ex-Officio Cler~ of t~e Council of the City of Bakersfield. APPROVED by me thi~ 1.1th day of March, 1946. MAYO~f the City of Bakersfield STATE OF CALIFORNIAt County of Kern ~ ss. MARIAN S. IRVIN ~ being duly sworn, deposes and says: Tha~he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and ~hat on ............. .~..a..l'...C...~.. ................................ ,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 ............. .~..a..I'.~..h.....~...~. ....................... , 19....~..~.., which ordtaance was numbered.....~..l~. ........ New Series, and entitled: "AN ORDINANCE PROVIDING FOR THE PREVENTION AND REMOVAL OF ENCROACHMENTS IN THE CITY OF BAIfERSFIELD~ CALIFORNIA." ~..~,-.~:~- ?~ .... ~.-,~[[,..~.~.~.~_..~,ubseribed and sworn to before me this · ~:~' <~ ~;.'~ ,~ f~ . ' '-2.:X-?,~,-:I-.~ ...... day of...~.~.h. ............ · ~.- ~. ~ ~ ~ · . ~.-~ · .~w ~ No~ Pubhe ~n and .f~ ~e. County ~ Kern, · .-~. ~? . ~..