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HomeMy WebLinkAboutORD NO 1374 _ORDINANCE NO ._ 1374 ~E~ SERTF.~ AN ~~CY 0~A~CE A~~ aEC~i0NS .020 A~ .030 O~ 0~P~ 7.48 A~.ADDING SECTION .02~ ~ C~P~ 7.~8 (HO~ A~ ~DGZNG HOU~) 0F ~, an emergency exists ~ki~ it necessa~ to protect t~ public health ~d safer2; N0~, ~0~, ~ XT O~I~ ~ the Co~cil of the Cit2 of ~e~sfield, as follows~ SECTI~ 1. ~t ~ection .020 of C~pte~ 7.~8 entitled ~Application fo~ pe~t--~ssu~ce o~ denial" of the Nunicipal Code ~f the City of ~ke~sfield be and the s~e is hereby ~nded to ~ead as follows~ 7.~8.020 Application fo~ per~t--G~o~ds fo~ de~al. All applications fo~ pe~ts ~de~ p~ovisions of t~s c~pte~ ~all be ~de out on fo~ms to be obtai~d f~ ~e Cit2 Ha~ge~ and s~ll in subs~nce contain t~ ~me o~ ~s of ~e person o~ pe~sons desi~i~ said pe~t, ~d p~ce wBe~e said Botel, lo~i~ house, ~comi~ house or apartment house is to be operated. T~ City Na~ge~ ~y in ~s discretion refuse to issue a pe~lt on t~ followi~ g~o~ds~ (1) T~t the a~licant is not a person of good~m~al (2) ~t the a~licant ~s been convioted of a cPime involvi~ mo~al tu~itude, ~less it s~ll appea~ t~t ~e applicant ~s Pey ~bilitated ~mself. {3) ~t ~e buildi~ fo~ w~ch the applioation is ~de is being ~intained in violation of.~y o~di~nce of ~e Ci~ of Bake~s- field o~ law of tM ~tate of Califo~a, pe~taini~ to health, st~uct~al so~ess, o~ fi~e safety. S~.CTTON 2. That Chapter ?.48 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by adding thereto a new section to be numbered .02~, entitled eAppeals" which said section shall read as follows: 7.~8.02~ Appeals. Should any applicant be dissatisfied with the decision of the City Manager not to g~ant a pexmit, then said applicant may appeal to the City Council by filing a w~itten statement with the City Clerk setting forth his objections. T~e Cou~c-~l shall hear the appeal at its next regular meeting after sending w~itten notice thereof to the applicant. The Council shall review the evidence pertaining to the grounds for denial of the pex-~it and may sustain or overrule the decision of the City ~anager. The decision of the City Council shall be final a~d conclusive. Pending the detex~nination of the appeal before the City Council, the decision of the City Manager shall remain in full force and effect and any reversal thereof by the City Council shall not be retroactive but shall be effective as of the date of the Council, s decision. SECTION 3. That Section .030 of Chapter 7.48 entitled "Revocation of p~mnit"' of the Municipal Code of the City of BakerSfield be and the same i~ hereby amended to'read as follows: 7.4§.030 Revocation of permit. Upon w~itten notice being given to the holder of any pex~ait issued under this chapter, the City Council at a regular meeting specified in said notice may in its discretion revoke the permit of any person whenever it shall appear to the satisfaction of the City Council that any of the grounds set forth in section 7.~8.020 of this chapter are applicable to the holder of the peA-~lt or that prostitution is pex~itted to exist or that acts of lewdness or immorality have taken place, or is taking place with the ~nowledge or means of knowledge of the proprietor, owner, keeper, manager or person in charge, and the decision of the City Council shall be final and conclusive. This ordinance is hereb2 declared to be an emergency .measure within the meaning of Section ~ of the Cha~ter of the City of Bakers- field, ~tate of California, and necessary to protect the public health and safety, and shall be effective on and' after ~l~ly 10, 1961. I HEREBY CERTI~Y that the foregoing EmergencyO~dinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the loth day of ~ltly, 1961, by the following vote~ Council of the City of Bakersfield. of Iosflng STATE OF CALIFORNIA, ~ County of Kern ~ ss. MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ....... ..t...h..e.....1...1.._t..h.....d...a.y.....o...f.....J..u...1.y.~ ............................. ,19...6...1.. she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Councii of said City at a meeting thereof duly held o~ ...... ..t_h..e...._l...0...t..h......d..a.~y....o...f.....J...u..1.X., ................ ,19...6...1.., which ordinance was numbered ............. .1_..3..7...4.. ............. New Series, and entitled: AN EMERGENCY ORDINANCE AMENDING SECTIONS .020 AND .030 OF CHAPTER 7.48 AND ADDING SECTION .025 OF CHAPTER 7.48 (HOTELS AND LODGING HOUSES) OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD. Subscribed and sworn to before me this · . .............. of JUl~l.9.....6...1. ... ..................... : ~ Notar~ PUla~ i~l a~d for tim County o~ Ken. 8tare of Cmfl~ornim : ' : ~AL*rE~ W. ~:,IITH, Notary Fubl~ '-..':, .. .. _....